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08-554coun�il File # RESOLUTION OF SAI�!iT PAUL, MINNESOTA Green Sheet # l�3 - �' 30527'75 �P Presented By: `�c i����f _ 1 WHEREAS, the Saint Paul Police Department needs authority to implement the attached agreemem with the 2 Public Housing Agency (PHA) of the City of Saint Paul to continue the A Community Outreach Program 3(ACOP) from April 1, 2008 through March 31, 2009; and 4 5 WHEREAS, since 1991 the PHA and the City of Saint Paul have collaborated to provide the community 6 policing program known as ACOP to create a drug and crime-free environment for the safety and protection 7 of residents, employess, and visitors in public housing developments; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THEREFORE BE IT RESOLVED, that the City Council authorizes the City of Saint Paul to enter into, Chief John Hamngton to implement the attached agreement with PHA, which includes an indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 25 26 27 28 29 30 Requested by Department of: Bostrom Carter Harris Stark Thune Adopted by CounciL• Date: Adoption C�r6F d �b C ncil Secretary: BY� � /V Approved by M or: ate: � �� s Appro al R nde Financial Services: By: � Approv d by or f bmission to Council: B 1 '�. Q:\FiscalAffairsW08CR�2008WCOPPHA4 1 008thru3 31 09.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� bb -55� ' DepartmenUofficelcouncil: i Date Initiatetl: � P p -Po�,�e���� ' 22-APR-0S i Green Sheet NO: 3052775 , Contact Person & Phone: � DeoartmeM Sent To Person InitiaVDate ChiefJohnHarring[on � � 0 PdiceDeparlment __ PWiceDepar6nent _ ' Z � - � 8 � Assign 1 PdiceDeparimen[ ' PdiceDeoarlment Must Be on Council Agenda by (Date): i Number i 2 Ctip Attorney City Attomey ' L� For � _ — . Rou[ing 3 vor's Office Mayor ' , Doa Type: RESOLUTION �� Order ��, 4 ICwnd Cwncil � �' E-DOCUment Required: Y � � 5 City Clerk ' City Clerk I �I ' DocumentContact: EvetteScarver I I i 6 �PWiceDenarm.ent ' PWiceDeparhnent Contact Phone: 266-5541 � ToWI # of Signature Pages _�(Clip All Locations for Signffiure) Signatures�on the attached council resolulion authorizing the City of Saint Paul, Police DeparUnent, to enter into the a[tached agreement with the Public Housing Agency of the City of Saint Paul (PHA). Hecommendations: Approve (a) or � Planning Commission CIB Committee Civil Service Commission 7. Has this persoNfirm ever worked under a contract for this tlepartment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � I �i_..—__.._ .. I Initiating Problem, Issues, OpportunRy (Who, What, When, Where, Why): � '� Authorization is needed [o i�to an agreement with the PHA to provide services for A Community Ou[reach Frogram (ACOP) from ' i April 1, 2008 through Mazch 31, 200� I �� � � �i, Advantages If Approved: I I, Ability to conflnue the ACOP program, a collaborafion hetween the City of Saint Paul and PHA to provide a community policing , . i program known as ACOP to create a drug-crime-free environment for the safety and protection of residents, employees, and visitors '� �I in public housing developments. � �� _ _ '� DisadVantages If Approved: None. RECEIVED Disadvantages If Not Approved: Lost opportunity to work with PHA to provide the ACOP program. ��Nmoumv� 500 agreement Transactlon: Punding Source: 04100 Financial Information: (Explain) April 22, 2008 9:59 AM CosURevenue Butlgeted: Activity Number: Page 1 ---- 1�Y_ . fl 5 206$--- — .. . . , � .. . . �; � Conuact No. 08-057 Service Provider ACOP FY2009 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES ��'�J"� `t" This Contract is made and entered into this l day of April 2008 by and between the PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL ("PHA"), and the CITI' OF SAINT PAUL ("City"), acting by and through its DEPARTMENT OF POLICE ("Police DeparhnenP') for the provision of specific police services to improve the safety, security and livability of the PHA's public housing properties. WHEI2EAS, since 1991 the PHA and the City have collaborated to provide the community policing program known as A Community Outreach Program ("ACOP") to create a drug- and crime-free environment and to provide for the safety and protection of residents, employees and visitors in public housing developments; and WHEREAS, the PHA desires to continue the ACOP program; and WHEREAS, the Ciry, by and through its Police Department, desires to assist in the effort by providing effective police services at PHA locations; NOW, THEREFORE, the PHA and the City agree as follows: Section 1. Scope of Services Provided by the City The City agrees that the services rendered by the personnel assigned to the ACOP unit under this Contract (licensed, sworn police officers and non-sworn civilian employees) are in addition to baseline police services, and that routine police patrol and response to 911 calls in public housing developments will continue to be the responsibility of other Police Department personnel normally assigned to such duties in their areas. The level of these and other baseline police services will not be reduced. The duties and extent of services of the Police Department shall include, but shall not be limited to: A. The City, by and through its Police Department, will assign one police officer of at least the rank of sergeant and additional police officers and civilian staff to perform specialized patrols to enforce all state and locallaws and the PHA rules specified in this Contract. Sworn officers shall at all times remain part of, subject to and in direct relationship with the Police DepartmenYs chain of command and under Police Department rules, regulations and standard operating procedures. B. The City agrees to assign police officers to targeted areas during specified periods of time identified by the PHA and agreed upon by the Police Department. C. The City agrees that the Police Departsnent will employ a community policing concept and that ACOP personnel will be based at PHA locations as mutually agreed between the PHA and the Police Department. The City further agrees that Page 1 of 10 Contract No. 08-057 Service Provider ACOP FY2009 4 Page 2 of 11 �O' ��� the Police Department will develop and maintain communications with residents and will assist in developing or enhancing crime prevention programs in public housing communities. D. The City agrees to collect and provide police workload data in public housing development and crune statistics, subject to federal and Minnesota state laws. This Contract provides su�cient basis for the exchange between the City and the PHA of data and information described in the Contract. A request for information or data outside of the scope of this Contract shall be in writing. E. It is fixrther agreed that, upon proper notice but without necessity of a subpoena, police personnel will appeaz as witnesses in the PHA's administrative grievance procedure, civil dispossessory heazings, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct on or near public housing property involving any resident, member of a residenYs household, or any guest or guests of a resident or household member, or where the issue includes any criminal or quasi-criminal conduct off public housing property involving any resident or member of a residenY s household. F. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personnel in accordance with this Contract, the appropriate Police Department Officer or Supervisor will meet with resident leadership and management representatives of the PHA on a routine basis for the purposes of reviewing the enforcement and prevention efforts and planning for future changes or modifications anticipated by this Contract. These meetings shall occur at least quarterly. G. The City agrees that Police Department personnel assigned to the ACOP unit work exclusively on public housing related matters, unless they are needed by the Police Department as additional support in an emergency situation. H. The City agrees that it will provide the assigned personnel with such basic equipment and vehicles as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this Contract. Any additional motor vehicles, bicycles or other equipment which are requested by and are fumished at the expense of the PHA shall remain the property of the PHA. The PHA and City may mutually agree to lease equipment or vehicles. I. The Police Department will provide at a minimum sixteen (16) hours of training on community relations and interpersonal communications skills to new staff assigned to ACOP. The Police Departrnent shall designate a command officer as the Administrative Liaison Officer, who will work in concert with the Executive Director of the PHA Contract No. 08-057 Service Provider ACOP FY2009 6& �5� (� Page 3 of 11 or that official's designee. The Admuustrative Liaison Officer may be the same person as the officer of the rank of sergeant or higher, as requ'ued by Section 1.A. The Administrative Liaison Officer will perform the following duties: 1. Coordinate the dissemination and processing of police and security reports in accordance with federal and Minnesota state laws, provide supervisory assistance, and coordinate in resolving problems or carrying out the provisions of this Contract; 2. Establish and maintain an ongoing line of communication with Police Department commanders and other police personnel; 3. Prepare quarterly progress reports and evaluations of services requested and provided under this Contract for review by the Executive Director, the Police Chief, appropriate Deputy Chiefs and Police Department commanders and others as may be requested by the Executive Director or that official's designee; 4. Initiate and monitor ongoing lines of communication with PHA staff and resident leaders to effectively employ the community policing concept and to address in a timely manner concerns raised by community leaders; 5. Assure that he or she or a designee will attend Resident Council meetings as requested by the PHA; Assist or advise in the planning and implementation of other security programs within the PHA; and 7. Establish a cleazly defined process for reporting to the PHA staff non- emergency criminal activities, which sha11 include prompt reports, including "calls for service" reports by Police Department staff, in accordance with federal and Minnesota state laws, of criminal activities on PHA properiy, to facilitate appropriate response and tracking of such activities. Section 2. Scope of Services Provided by the PHA A. The PHA will provide training, where appropriate, to ACOP personnel on public housing management issues and will assist the Police Department in providing training to residents and PHA staff on community policing and crime prevention issues associated with public housing. This training shall include, but not be limited to, the following: Cbntract No. 08-057 Service Provider ACOP FY2009 Page 4 of 11 Crime prevention and security responsibilities; W'��'�'7 2. Community organization/mobilization against the causes of and precursors to crime; 3. Drug awareness and control; 4. Orientation and familiarization with the public housing communities for the assigned officers; and 5. Orientation to the lease contract, and lease compliance enforcement procedures and policies. B. The PHA will provide the following in-kind accommodations, services and equipment: Accommodations — The PHA will provide suitable space to be used as office space at locations as mutually agreed upon between the PHA and the Police Department. 2. Services — Office space provided by the PHA will be supplied with all utilities except telephone. The PHA also shall provide all labor, equipment and materials necessary to provide routine maintenance and repair service to maintain the space in good working order, including maintenance and repair of electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances supplied by the PHA. Equipment — Office space provided by the PHA will be supplied with other additional equipment mutually agreed upon in connection with the performance of this Contract. 4. Modification/Damage — The PHA will make reasonable modifications, including minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the PHA for City employees, which the PHA determines to be above normal weaz for the item or accommodation, shall be repaired or replaced by the City at the discretion of the PHA. C. The PHA shali adopt policies and procedures requiring its staff to promptly report to the Police Departrnent any criminal activities occurring on PHA property, to facilitate appropriate response to and tracking of such activities. Cbntract No. 08-057 Service Provider ACOP FY2009 �0 ���� / Page 5 of 11 � `f� D. The PHA reserves the right to reasonably request the Police Department to replace any ACOP personnel for the following reasons: 1. Neglect or non-performance of duties; 2. Disorderly conduct, use of abusive or offensive language, or fighting; Cruninal action; 4. Selling, consuming, possessing or being under the influence of intoxicants, including alcohol or illegal substances, while on assignment to the PHA; 5. Substantiated complaints from public housing residents or management. The PHA shall provide written enumeration of the reasons for the request for the replacement of the ACOP personnel, including documentation and witnesses to the alleged behauiors. E. The PHA will provide the City with the applicable PHA rules and regulations for compliance with this contract. Section 3. Enforcement of Rules and Regulations A. The Police Department is hereby empowered to enforce the following PHA rules and regulations: Authorized to remove unauthorized visitors in unoccupied struchxres of the PHA. 2. Authorized to remove unauthorized visitors on PHA property who are creating a disturbance or otherwise interfering with the peaceful enjoyment of other PHA residents. Authorized to remove and/or bring criminal enforcement actions against unauthorized visitors who are destroying, defacing or removing PHA property. With regazd to the foregoing rules and regulations, the Police Department is hereby authorized, on behalf of the PHA, to give criminal trespass warnings to any persons deemed to be in violation of the rules or regulations, that is, to give norice to any violators that their entry on the property or premises is forbidden, and to anest or cause the arrest and prosecution of any violators, when appropriate. Contract No. 08-057 Service Provider ACOP FY2009 ( � Page 6 of 11 ��� B. The Police Department is also authorized to enforce the pazking provisions of Saint Paul Legislative Code, Section 1�7.20, Public Housing Agency ofthe City of Saint Paul — Parking Restrictions. C. The Police Departrnent is hereby empowered to have removed any and all vehicles found pazked in violation of said rule or regulation, pursuant to established City procedure for impounding vehicles. D. The Police Department is hereby empowered to enforce such additional PHA rules and regulations and perform such other duties as shall be specified in any addenda attached hereto or incorporated herein now or in the future. E. Nothing herein contained shall be construed as permitting or authorizing police o�cers to use any method or to act in any manner in violation of law or their swom obligation as police officers. Section 4. Communications, Reporting and Evaluation A. Communications — Access to Information. The City agrees that the PHA will have unrestricted access to all public information, in accordance with federal and Minnesota state laws, which in any way deals with criminal activity in any of the PHA's communities. Such information includes information made public pursuant to the Minnesota Government Data Practices Act or any other law making information public or accessible to the PHA. It is further agreed that the Police Department will provide to the PHA copies of such public incident reports, arrest reports or other public documents which document or substantiate actual or potenUal criminal activity in or connected with the public housing developments in accordance with federal and Minnesota state laws. This information will be provided at no cost by the Police Department on a regular basis in accordance with specific procedures that have been or wili be established. B. Reporting. The Police Department will provide reports, in accordance with federal and Minnesota state laws, to the PHA describing the activities supported by PHA funds. These reports may be provided monthly, quarterly or as otherwise requested by the PHA and may include the following data: 1. Hours worked: foot, bicycle, motorized, other 2. Calls/requests for service 3. Refenals to City/PHA/agencies 4. Suspicious persons — name and description 5. Vehicles abandoned/towed/stolen 6. Drug paraphernalia confiscated/found 7. Arrests/citations of both residents and outsiders to include age, sex, ethnicity Contract No. 08-057 Service Provider ACOP FY2009 Page 7 of 11 �' "�' � 8. Property recovered/stolen 9. Advise residents and visitors 10. Hazardous or quality of life issues in the azea such as broken lights 11. Graffiti 12. Conflict resolution; e.g., resolved apparent or actual conflict between two or more people 13. Vehicle license number of suspicious persons 14. Weapons violations/seized C. Media Coordination. The Police Department will relay to the Executive Director or his designee information related to any major crime or incident that occurs on PHA property, preferably before the media is informed or as soon as possible, in accordance with federal and Minnesota state laws. D. Evaluation. The City and the PHA shall cooperate on future evaluations of the community policing program in public housing. Section 5. Plan of Operation The Police Deparhnent and the PHA shall continue to administer the ACOP communiry policing program. At the request of either party, the parties shall jointly prepare a more specific plan of operations for use in preventing or eliminating drug-related crime. Section 6. Term of Contract This contract is effective as of April 1, 2008 and shall continue in effect until March 31, 2009, or until $472,989.27 is expended, whichever occurs first. Section 7. Compensation to the City A. All compensation to the City will be made on a cost reimbursement basis. The PHA will reimburse the City for services specified in this Contract in a total amount not to exceed Four Hundred Seventy Two Thousand Nine Hundred �htv Nine Dollars and Twentv Seven Cents ($472,989.27) in the following expense category: Assigned Personnel Salaries $472,989.27 Other — For police officers assigned to the ACOP unit, the PHA agrees to reimburse the City for up to 30 consecutive days of sick leave or for 30 consecutive days of a duty assignment other than patrol duties, but only for services performed in accordance with this Contract. Any additional sick leave benefits or salary due to such ACOP officer is the responsibility of the City. Contract No. 08-057 Service Provider ACOP FY2009 ���� Page 8 of 11 Attachment A to this Contract illusirates the approximate use of these funds. Any reunbursement request submitted by the City that will result in an amendment to the contract amount listed above must be submitted with a exp2anation of reason(s). B. The PHA sha11 reimburse the Police Department on a monthly basis, upon performance of the proposed activities and receipt of invoices evidencing authorized expenditures. C. The City shall provide the following documentation in requesting reimbursement: Copies of Certified Payroll Time Reports documenting names, employee identification, hours worked in public housing developments, supervisory approval of the report, and supervisory verification of the necessity for any overtime worked. D. All requests for reimbursement aze subject to the approval of the PHA's Executive Director, or that official's designee, and the PHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. E. 1. The PHA may make specific requests that police personnel perform special details on behalf of the PHA. If these special details require personnel to work on an overtime basis, reimbursement to the City will be made pursuant to subsection E.2. 2. Overtime special details will be jointly agreed upon by the PHA and the Police Department for police personnel to perform activities on behalf of the PHA. Upon submission of proper documentation as required under this Section 7, the PHA shall reimburse the City for the full amount of the cost of such overtime compensation. Section 8. Audit Requirement The City and the Police Department shall have their financial records audited annually (as part of the City's annual audit) by an independent auditor and provide to the PHA a copy of the audit report, which is required for the Ciry as a subgrantee of federal funds. The audit shall include the PHA funds expended under this agreement and shall conforxn to the requirements of OMB Circular A-128 or later OMB circulars as applicable. Any audit finding relating to use of the PHA funds under this agreement must be addressed and cleared in a timely manner. Section 9. Non-Discrimination Contract No. 08-057 Service Provider ACOP FY2009 Page 9 of 11 �5���� The PHA, the City and the Police Departxnent agree that in the administration of the program(s) no person shall, on the grounds of race, color, religion, creed, national origin or ancestry, familial status, sex, status with regazd to public assistance, marital status, disability, age, sexual or affectional orientation, political or other affiliation, be excluded from participation in the program(s) or be denied benefits of the program(s) and agree to comply with all federal, state, and local laws regarding discrimination. Section 10. Data Privacy All data collected, created, received, maintained, or disseminated by the City, the Police Department or the PHA for any purposes in the course of the performance of this Contract is governed by the Minnesota Govemment Data Practices Act, Minn. Stat. 13.01 et seq, or any other applicable state statutes, any state rules adopted to implement the Act, as well as federal regulations on data privacy. The parties agree to abide strictly by these statutes, rules, and regulations. The PHA has designated, and the City and the Police Departrnent agree to designate, a Responsible Authority pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, who is the individual responsible far the collection, maintenance, use and dissemination of any set of data on individuals, govemment data, or sumxnary data pursuant to this Contract. Section 11. Indemnification The City does hereby release, discharge and agree to indemnify, protect, defend and save harmless the PHA from liability for any cost, damage, expense, injury or other casualty, to any person whomsoever or property whatsoever caused by or arising out of the Police DepartmenYs use and occupancy of PHA properry or services provided under this Contract, provided that such indemnification shall not be applicable where a decision or judgment of a court of competent jurisdiction indicates that said casualty to person or property was the direct result of acts of commission, omission, negligence or fault of the PHA, its agents or employees. Each party agrees that it will be responsible for its own acts and/or omissions in canying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereo£ The liability of the City of Saint Paul and the Public Housing Agency of the City of Saint Paul, and their respective employees, officials and agents shall be govemed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Chapter 466, et seq. and any other applicable law. Section 12. Right of Entry, Inspection and Repair Contract No. 08-057 Service Provider ACOP FY2009 Page 10 of 11 ba��'��f The PHA, through its authorized employees or agents, shall have the right to enter the office spaces assigned by the PHA at any time, without advance notification, when there is reasonable cause to believe an emergency exists or during regulaz business hours upon one (1) day's notice for the purpose of inspection or repair of the office spaces or equipment therein or for such other purpose as may be deemed necessary by the PHA. Secfion 13. Disposal of Personal Property The PHA shall have the right to sell, destroy or otherwise dispose of any personal property left on the premises by the Police Department after the Police Department has vacated or abandoned the premises Section 14. Amendments; Termination A. Changes in the terms of this Contract may be made only by written amendment mutually agreed upon and signed by both parties. B. Either party may terminate this Contract upon providing thirty (30) days written notice to the other party. Such notice shall be delivered by Certified Mail, Return Receipt Requested. Section 15. Attachments The following attactunents are hereby incorporated into this contract by reference: Attachment A: Attachment B: Attachment C: Budget Narrative PHA Family Dwelling Lease PHA Hi-Rise Dwelling Lease Section 16. Benefit and Duty This Contract will be binding upon and inure to the benefit only of the parties hereto. Nc third party or parties will derive any benefits from or have any rights pursuant to this Contract. Nothing in this Contract is intended to, nor does it, create a special duty on the part of either party to each other or to a third pariy. This Contract supersedes the most recent contract and all other previous contracts entered into by the parties for the same purpose as this Contract is made. By signing below, the Public Housing Agency of the City of Saint Paul, and the City of Saint Paul, Department of Police enter into this Contract which shall take effect on the date stated above. Contract No. 08-057 Service Provider ACOP FY2009 Page 11 of 11 � ��� � PUBLIC HOUSING AGENCY OF THE CITY OF SAI T PAUL /��'� - �'�' � �'ti'� By: !���- � ` By: ���� � Its: Contr�ctinQ Officer i Its: Controller CITY OF SAINT PAUL DEPARTMENT OF POLICE By: By: Its: Chief of Police Its: Mayor, City of Saint Paul By: By: Its: Director, OFS Its: Director, Human Rights Dept. By: Its: Assistant City Attorney � n � � m � � y N w N O O W o � = C � o a � -o • • y 2 � .G. W N � � N N a n� � v m � v m y - � � - � � �' � y (%i ' N N V1 N � W �. � � � � i � y �� N O n � C ' n C O ' N N � cn tn � cn 3 � y ^' N � C C 01 CO (Q � O" 7 � � '� O N (D � � � � � � � r C� (7 O N N � � v 7 � Q � �G Q �.', �. 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W C) �'.n �QS G�1 N W 'G � (Q � V al N N �� ftI � O 3 Z t0 O N � W � -� � rn �" a ' �r�vD � O ffl N O T � V N � "C � � O CT Cn O N � N W W � N 61 J !fl y� � '7� O C71 A '� N � p�j N N � -� O v W 0 O A A O � V� � t�0 (P v "( V N A O A t O � � n W (J1 � � Ui W W T Gf W A O � � � v � 0 � O � � O � W (O A 0 0 0 ��""'CP�I%1"IN�tM � AVISOI Si no puede usted Icer ingl�s, Cavor de avisar n su representante de PHA (Agencia de Alojamiento Publico) para quc le proporcionen un int8rprete. CEERTOOM! Yog [ins koj nyeem tsis tau Askiv, nug his nee� ua hauj Iwm rau koj rom tsev loom (PI kom pab nrhiav neeg txhnis lus TRANSLATION �Q � /i�� NOTICE! �JJ �l If you cannot read English, please ask your PHA contact person to provide an in[eipre[er. TRANSLATION NOTICE! IFyou canno[ read English, please ask your PHA con[act person ro provide an inte�preter. PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL FAMILY DEVELOPMENT DWELLING LEASE Unit Identification #: Namc of Tenant(s): Address: llwelling Unit: Number of Bedromns: The Public Housing Agency of the City of Saint Paul (PHA), in this Lease called "ManagemenY', Leases to the Tenant Family, in this Lease cnlled ° Tenant", the dwelling unit as described above according to the terms and conditions stated in this Lease. The term, "dwelling unit", refers lo die living unit and adjacent area assigned far the Tenant's exclusive use and to the azea(s) assigned in Section 8. of l6is Lease. 1. T�RM OT LEASE: I2GNE WAL OF LEASE This Le�se begius on . This Lease will automatically renew annually, unless ended by eitlier Mlnagement or Tenant as provided in this Lease or as otherwise required by law. 2. M�MB�RS OF HOUSEHOLD Only the following persons may reside in tlte dwelling unit with the named Tenant: Name Relationshi Gender Date of Birth Tlie Tenant's household has Hie right to the exclusive use and occupancy of the unit. This right includes having guests stay in the unit up to fifteen ( l5) days per guest per calendar year. Upon a showing of special circumstances or need, Management may extend this period for a reasonable additional time, not to exceed thirty (30) days. This limitation does not apply to live-in aides and foster children who may reside in tlie unit with tl�e consent of Management. 3. PAYMENTS DU� UNDER THE L�ASE A. Rental Pavments 1. Tlie 6rst rent payment for the period beginning , and ending , , is $ . This payment is due at the time this Lease is signed. 2. Tlie monthly rent of $ is due on or before the first day of each month beginning This montlily rent may change for reasons stated in Section 5 of this Lease. If rent is not paid on time, a late fee wil] be cl�arged in an amount as provided in the Admission and Occupancy Policies. A fee will also be charged in an amou s provided in tlie Admission and Occupancy Policies for checks returned for non-sufficient funds or account closed. 3. If Tenant wants to end this Lease (See Section 9.B.), the Tenant is responsible for rent prorated on a daily basis for minimum of thirty (30) days after the Tenant has given written norice to Management of an Intent to Vacate. If the Tenaut wauts to eud this Lease but fails to give Management a written notice, rent will be charged for tl�irty (30) days from the day Management leams the Tenant has moved. B. Securitv Deuosit The Tenant lias agreed to pay $ as a security deposit with Management. The security deposit will be held by Management in accordance with the Admission and Occupancy Policies, Minnesota law and Federal regulations. C. Cliarees Due Charges for, but tiot limited to, maintenance and repair, late rent payment fee, fee for returned checks, and legally allowable court costs are due and collectible two weeks after Management gives written notice to the Tenant of the charges. HD-424C — �nmily Devclapmen[ Dwelling Lease Rev. 7/1/2000 Page 1 of 5 4. U'PILI1'IES �i.��ij� A. Management will pay the full cost of water, garbage collection and sewer service and will furnish a range (stove) and refrigerator. B. Tennnt is zesponsible for the payment of gas, electricity and heat. As p�rt of tl�e determination of the monthly rent, Management agrees to adjust the rent by the applicable utility allowance as stated in ManagemenPs Admission and Occupancy Policies. 5. RCDETERMINATION Or RENT ELIGIBILI'TY FOR CONTINUED OCCUPANCY AND UNIT SIZE A. Redetermination of Rent At least once each year, and other times as described below, Mana�ement will decide whether the Tenant's rental rate should be cl�anged, whether the dwelling unit size is still appropriate for the size and/or composition of the Tenant's household, and whether the Tenant is eligible for continued occupancy in accordance with the Admission and Occupancy Policies which are available for review at the Management Office. As requested by Management at tha time of the redetermination, Tenant shall provide accurate current information concerning: 1. T1�e ruimber of people in Tenant's household, their ages, gender and any other information requued by Management. 2. Tlie source and amount of income received by everyone in the TenanYs household. 3. Any allowable deductions. Tl�e redetermination for continued occupancy will include a review of Tenant's rent paying history, housekeeping inspection results, record of cooperation with ManagemenYs pest control program and all other Lease compliant behavior. B. Interim Redetermination The rental rnte shown iu Section 3. will remain in effect for the pariod between regular rent radeterminations unless dming such period: 1. Tlaere is an addition or loss of any adult member to the Tenant's household or the addition of any minor not boin into the household during this tenancy. 2. There is any increase in monthly gross household income of $400 or more, whether occurring due to one income inerease ot due to more than one increase or the cumulative increases of more than one family member. 3. There is any reported decrease in income or an increase in allowances or deducrions that would result in a rent decrease. 4. The current rental rate was calculated for a temporary time period due to the inability to accurately predict income for un annual period. This includes, but is not limited to, all households whose total income is zero. A cLange in incane or }'amily cmnposi[ion as specified abnve must be reported to Managemenf within 10 da}�s of its occurreuce. The effective date for clianges iu xent based on interim redeterminations will be in accordance with the Admission and Occupancy Policies. If the rental rate is adjusted, Mana�ement will mail or deliver a notice of rent adjustment to the Tenant in accordance with Section 11. Failnre by a Tenant to report any increases in household income during a scheduled rent and income review or as specil7ed under Sectlon 5.13. Intertm Redeterminations, or failure to appear for a scheduled rent and income review will be considered a serlous and material violation of the Lease and will result in any rent increase being effective retroactive to the time the increase would have becn made. C. Chunee of Unit Sizc Managetnent will give notice to Tenant that Tenant will be required to move to another unit that is decent, safe and sanitary and is of an appropriate size under ManagemenPs Occupancy Standards in accordance with the Admission and Occupancy Policies uudar the following circumstances: 1. If Management decides that tha Tenant is living in a unit which is larger or smaller than the PHA's Occupancy Standards allow for the household size and corr:position; or 2. If Management decides that the unit is otherwise inappropriate for the household size or composition including, but not limited to, when a unit modified for handicapped persons is being occupied by a household without handicapped persons; or 3. If Management decides that the unit requires substantial repairs or is scheduled for modeinization or is not in decent, snfe and sanitaiy condition. After being notified of tl�e new uniPs availability, the Tenant must move to the offered unit within thirty (30) days of the date of notification. If tlie Tenant fails to move as required by Management, then Management has the right to take legal action to terminate this Lease. Tenant may ask for an explanation stating tl�e specific grounds of the PHA detemunation. If the Tenant does not agree with tlie deternilnition, the Tenant l�as the right to request a hearing under Mana�emenPs Grievance Procedure. 6. MANAGEMENT'S OBLIGATIONS Mnuaeement aerees to do the followine; A. Repair aud maintain the dwelling unit, equipment and appliances, and the common areas and facilities which are needed ro keep tl�e housing in decent, safe and sanitary condition. B. Comply witl� all requirements of applicable state and local building and housing codes and HUD regulations concerning matters materially affecting the health or safety of the occupants. HD-424C— Fnmily Development Dwelling Lease Rev. 7/1/2000 Page 2 oC5 C. Keep development buildings, facilities and common areas, not otl�erwise assigned to tenant�s for maintenance and upkeep in a clean and safe condition. D. Mnintain elechical, plumbing, sanitary, heating, ventilating and other facilities and appliances, supplied or required to be supplied by Management in good and safe working order and condiUon. �. Provide trash and garbage containers for [he premises. T. Supply rutming water, and reasonable amounts of hot watar and reasonable amounts of heat at appropriate fimes of the ye1r, all in compliance with applicable state law and city ordinance. G. TliorougUly clean the dwelling unit as necessary before the transfer of the Tenant from one dwelling unit to another and before a new Tenant moves in. I�. Offer tl�e Tenant a replacement dwelling unit, if available, if the condition of the TenanYs present dwelling unit is hazardous to the health or safety of the occupants and the condiUon is not corrected in a reasonable time. Rent will be abated in proportion to the seriousness of the datnage and loss in value of a dwelling if repairs are not made within a reasonable time or alternative accommodations are not provided in aceordance with this paragraph, except that no abatement of rent will occur if the Tenant rejects the alternative accommodation or if the damage was caused by the Tenant, TenanYs liousehold or guests. I. Give the Teuant reasonable notice of what certification, release, information or documentarion must be given to Management, including the date by which any such item must be given. J. Notify tHe Tenant of the specific grounds For any proposed adverse action by Management. 7. OBLIGA'PIONS OF TTNANTS MEMBERS OF HOUSEHOLD AND GUESTS The Tenant agrees to obey the following ivles. The Tenant is also responsible for causing members of the household and guests to obey tlie following rules. A. Tl�e 1'e�tant shall: I. Pay rent on the 6rst day of flie month 2. Pay reASOnable charges, in accordance with the current schedule of charges posted in the Management Office, for the repair of damages beyond normal wear and teaz to the unit, development buildings, facilities, common areas, or grounds caused by eitl�er intentional or negligent conduct of Tenant, members of the household or guests. 3. Use tlie unit solely as a private place to live for the Tenant and members of the TenanYs household as identified in Sectiou 2., and not to use the unit or permit its use for any other purpose. This provision does not exclude reasonable acco�runodation of Tenant's guests or visitors, who are visiting with Tenant for purposes other than to establish residency in Saint Paul, for a period of time not to exceed Fifteen (15) days per calendar year. (See Section 2). 4. Ask for consent of Management before members of the household engage in any profit making activiries in the dwelling tmit. Mana�ement must also decide whether such activities are legal and aze incidental to the primary use of the I,eased uuit for residence by members af the household. 5. Obey the written regulations posted in the Management Office. These regulafions are made a part of this Lease by reference. 6. Keep the unit in a clean and safe condition. 7. Dispose of all garbage, rubbish and other waste from the unit in a sanitary and safe manner. 8. Use ouly in a reasonable manner all electrical, plumbing, heating, ventilating, and other facilities in the development build'rngs aud common areas. 9, Park veliicles only in designated parking areas and in a manner which will not obstruct traffic and not permit any vel�icles to remain in the parking area or other part of the housing development when such vehicle is no longer in operating condition. 10. Immediately report to the Management Office any vandalism to the premises. 11. Imrnediately report to the Maintenance Office any need for repair to the interior or exterior of the dwelling unit and any otlier area used by the Tenant in connection with the TenanYs occupancy of the unit. 12, Participute in a training program on housekeeping, yard and I�ome care skills if Management decides that the condirion of the unit does not meet the housekeeping standards set forth by the PHA. Such training will be providad by Managemeut. 13. Comply with the community service or self-sufficiency requirements in accordance with Federal law, regulations and ManagemenYs Admission and Occupancy Policies. Each adult member of the TenanYs household must comply with tliese requirements. B. The 1'en�nt sl�all not: I. Assign or transfer the Lease or sub-Lease the unit. 2. Provide housing for boarders or lodgers. 3. Dish�rb other tenants or neigl�bors and shall prevent disturbance of other tenants or neighbors by guests, visitors or other persons imder conh�ol of household members. 4. Scatter rubbisli, damage, destroy, deface or remove any part of the dwelling unit or premises, and shall prevent such scatteriug of rubbish, damage, destruction, defacement or removal by guests, visitors or other persons under control of household members. 5. Engage in, or allow members of the household, guests or another person under Teuant's contro] to engage in any crimi�ial activity, including diUg-related cximinal activity, that threatens fhe health, safefy, or right to peaceful enjoyment of tlie public housing premises by other tenants or employees of the Management. 6. Com�nit auy fraud in connection with any Federal housing assistance program. 7, Make any repairs or alterations or install any permanently affixed carpet or any equipment, including, but not limited to, door locks, without the written approval of Management. Install of satellite dishes, antennas or other reception devices, shall be in lccordance with rules adopted by Management. 8. Have any do�s, cats, fowl, snakes or other animals on the premises, except small caged birds, fish in aquariums or small clged auimals that will be kept indoors, in accordance with the PHA's Pet Policy. 9, Create (by act or omission) or pernut to exist any condition on the premises which results in a risk to the personal health or safety of any person or damage to property. HD-424C — Ramily Development Dwelling Lensc 2ev, 7/1/2000 Pege 3 of 5 / ��! 10� Engage in, or allow members of the household, guests, or another person under the TenanYs con� t�ngage in, any activity, including criminal activity, which impairs the physical or social environntent of the premises, neighborhood, or the development. 8. TENANT MAINTENANCE Tf�e Tenant sl�all maintain walkways, stairs, land'rngs, hallways, grounds, patios and landscaping adjacent to the unit. If the Tenant is unable to maintain the grounds due to TenanYs age or disability, the Tenant must notify the Management Office. If, nfter notification from Management for corrective action, the Tenant neglects to maintain the axeas assigned, the Tenant shall pay to Mauagement all expenses necessazy for Management to maintain or repair these areas. 9. TERMTNATION OF TH� L�ASE A. Management will not terminate or refuse to renew the Lease and will not evict Tenant from the dwelling unit except for serious or repeated violation of material terms of the Lease or other good cause. Serious violation of the Lease includes but is noC limited to: 1. Pailure of the Tenant to timely supply to the PHA any certification, release, information or documentation on Family income assets or composition. 2. Non-payment of Tenant rent ox other cliarges. 3. Shut-off of Tenant-purchased utilities. 4. Failure to accept a hansfer for reasons specified in Section S.C. 5. Any activity, not just criminal activity, that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants and public housing employees, or drug-related and/ox criminal activity on or off the premises, not just on or near the premises, or alcohol abuse that Management decides interferes with the health, safety, or right to peaceful enjoyment of the premises by other tenants or neighbors, when such activity has been engaged in by a Tenant, a member of the Tenant's l�ousehold, a guest or another person under TenanYs control while the Tenant is a Tenant in public houeing. 6. Puilure of the Tenaut to accept Mana�emenYs offer of a new lease revised in accordance with Federal law and regulations. 7. Pailure of a member of the family household to comply with the community service requirements of Federal housing law and re�ulatious. Mimiesota law provides tl�at a Tenant automatically promises not to knowingly allow illegal drugs on the premises and that the prem'rses will not be used by tlie Tenant or others acfing under the Tenant's conhol to violate crixninal diug laws. The law provides thnt a breadi of that promise revokes the TenanPs right to possession of the premises. Minnesota Statutes, Section 504B301, furtlter provides that if illegal drugs or other illegal items are seized on the premises pursuant to Minnesota Statutes, Section G09.53t7, Subdivision 1, Tenant is unlawfully detaining the premises, unless the Tenant has a defense under Minnesota Statutes, Section 609.5317, Subdivision 3. Eviction proceedings under these circumstances are excluded from Management's Grievance Procedure. B. Tliis Lease may be tenninated by the Tenant at any time by giving at least thirty (30) days written notice to Management on or before tlie last day of the month before the month the tenant intends on vacating the unit (see Section 11C.) The Tenant must leave the unit in a clean and good condition and return the keys to Management when the Tenant moves out. Failure to provide proper written notice or failure to leave the unit in a good and clean condition or failuxe to retum the keys to Management may result in additional charges to the Tenant. C. If the signer(s) of tlie Lease is no longer a member of the Tenant's household, this Lease will ternunate. A new Lease will be execnted aud signed by all adult remaining members of the household if those persons have not violated the terms and provisions of tlie Lease aud the family continues to be eligible for low-income housing. ll. If tlie Tenant transfers to anotl�er unit operated by Management, this Lease will terxninate and a new Lease will be executed for the unit iuto whicli the Tenant moves. E. Management will give the Tenant written notice of tertnination of the Lease as follows: 1. Fourteen (14) days in the case of failure to pay rent; 2. A reasonable time depending on the seriousness of the situation in the case of a threat or act against the health or safety of other tenants, Management's employees, or other persons; or 3. Tl�irty (30) days in a11 other cases. r. Acceptance of rent witl� knowledge of good cause for temunation of the Lease shall not be considered a waiver of Mauagement's riglit to tenninate this Lease on the basis of such good cause nor of ManagemenYs right to assert such good cause in any legal action. If tl�e Tenant contim�es to occupy the dwelling wvt after the Ternvnation of the Lease, khe Tenant agrees to pay Management the reasouable value of the use of the premises for the period that the Tenant continues to occupy the unit. The reasonable value far tlie use of the premises is equivalent to the amount of rent for such period. However, such payments shall not constitute rent and by accepting such payments Management does not waive its right to assert any Lease violations in any legal action. If Mnuagement decides to terminate this Lease, it will give Tenant a written notice which states the reasons for the ternunation, infoims tlie Tenaut of his or her right to reply and informs the Tenant of TenanPs rights under the Grievance Procedure described in Section 13 of tliis Lease. 10. INSPECTIONS AND ACCESS A. Before move-in Management and Tenant will inspect the unit. Management will give Tenant a written statement of couditions of the unit and the equipment provided with the unit. The statement will be verified and signed by Management and Tenant. A copy of the statement will be kept by Management in the Tenant's file. B. When Tenant moves out, Mana�ement will inspect the unit and fiunish Tenant with a written statement of damages for which Tanant is responsible. If Tenant moves out after business hours or on a weekend or holiday, Management will inspect the uuit on the next business day after Tenant has vacated. Management will give Tenant the opporhuuty to be present at this HD-424C—Pnmily Uevelopment Dwelling Lease Rev. 7/!/2000 Pagc 4 of 5 inspectiou by giving Tenant written notice, within a reasonable time, of the time and date of this in�spe�ction: No notice will be provided if Tenant vacates without notice to Management, C. Mnnngement may enter TenanYs unit As follows: 1. Manlgement will provide Tenant wrth two (2) days written notice stating the purpose of its entry into the unit, except that ManAgement will provide Tenant with reasonable notice (written or oral) when it is necessary to enter the unit for making improvements or repairs. Management entry will be between the hours of 8:00 a.m. and 4:30 p.m. for the puiposes of performing routine inspections and maintenance, including pest control operations, for making improvements or repairs, or to show the premises for re-leasing; 2. Management may enter the unit at any time without advance notification when there is a reasonable cause to believe an emergency exists; 3. If all adult members of the household are absent at the time of enffy, Management will leave a written statement in the Lmit specifying the date, time and purpose of enhy. 11. LEGAL NOTIC� A. Any notice to Teuant fiom Management shall be in writing either: 1. Delivered personally and l�anded to the Tenant or another member of the TenanYs household who is an adult; or 2, Be sent by prepaid first class mail properly addressed. 13. If the notice is delivered to a person other than the Tenant, Management will also mail a copy of the notice to the Tenant. C. Any notice Tenant gives to Management shall be in writing and either delivered to a Managament employee at the assigned Management Office or PIIA Cenlral Administrative Office, or be properly addressed and sent by fust class mail. 12. ABANDONMENT OF PROPERTY If Tenant is absent from the unit for fourteen (14) consecutive days and rent is owed, Management has the right to consider that 'Penant has aUandoned the unit. Any of TenanPs remaining personal property will be considered abandoned and may be disposed of by Management according to Minnesota ]aw. 13. GRI�VANC� PROCEDURE All disputes about the Lease or about the responsibilities of Tenant, TenanPs household or Management will be processed and resolved itt accordance with the Grievance Procedure of Management which is in effect at the time the dispute arises. The Grievauce Procedure is posted in the Management Office and is made a part of this Lease by reference. 14. ADMISSION AND OCCUPANCY POLICIES The Admissiou und Occupancy Policies referred to in this Lease are the Admission and Occupancy Policies as approved and as amended by the PHA's IIoard of Commissioners and are made a part of this Lease by reference. A copy of the Admission and Occupancy Policies and amendments is posted in the Management Office and may be examined at any time during business hours. 15. CHANGES TO LEA5� CUnnges to this Leuse, other thau changes in Tenant rent, shall be made only by a written addendum signed by both Management and Tenant. 16. 12�CEIPT OT L�ASE AND OTHER DOCUMENTS BY TENANT Tlie Tenant lias received executed copies of this Lease and the Grievance Procedure, has been informed that the Admission and Occttpancy Policies are posted in the Management Office and are available for inspection and understands how they all apply to the Tevnnt's tennncy. 17. ADDITIONAL PROVISIONS By sigtiing below, Tenant and Management enter into this Lease which will take effect on the date shown in Section 1, TERM OF LEASE; It�NEWAL OF LEASE on page 1 of this Lease. PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL Tenant Tenaut Date: By: Housing Manager Date: HD-424C — Pamily Uevelopment Dwelling Lease Rev.7/I/2000 Page 5 of 5 ��T-�C�1 �t'E�C C AVISO! Si no pucde ustcd Ieer ingl8s, favor de avisar x su representante de PHA (Agencia de Alojamiento Publico) para que Ic proporcionen un inte�prete. CF,F.6TOOM! Yog tias koj nyccm tsis lau Askiv, nug [us neeg ua hauj Iwm iau koj tom isev loom (PHA) kom pab mhiav necg [xhais lus. TRANSLATION �j�� NOTICE! If you cannot read Hnglish, please ask your PHA contact person to provide an interpreter. TRANSLATION NOTICE! If you cannot read English, please ask your PHA co�tact peison to provide an interpreter. PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL HI-RISE DWELLING LEASE Unit Identificatim� #: Namc uf Tenant(s): Address: Dwelling Unit: Number ol' 13edromeis: 17ie Public IIousing Agency of the City of Saint Paul (PHA), in this Lease called "ManagemenP', leases to the Tenant Family, in this Lease called "Teuant", the dwelling unit as described above according to the terms and conditions stated in this Lease. The term, "dwelling unit", refers ro the living unit for the Tenant's exclusive use. 1. TERM OP LEASli: R�NEWAL OF LEASE Tltis Lexse begins on , . This Lease will automatically renew annuallv, unless ended by eitl�er Management or Tenant as provided in this Lease or as other�nse required by law. 2. MEMBERS OT HOUSEHOLD Only the followiug persons may reside in the dwelling unit with the named Tenant: Name Relationshi Gender DateofBirth The 'Cenant's houseliold has the right to the exclusive use and occupancy of the unit. This right includes having guests stay in the unit up lo fifteen (15) days per guest per calendar year. Upon a showing of special circuxnstances or need, Management n�ay exCend this period for a reasonable additional tune, not to exceed thirty (30) days. Tl�is linntation does uot apply lo live-in aides and foster children who may reside in the unit with the consent of Management. 3. PAYMEN'l'S DUL UNllLR'PHE LEASE A. Rental Pavments l. Tl�e first reut payment for tlie period beginning , , and ending is $ . This payment is due at the time this Lease is signed. 2. The monthly rent of $ is due on or before the fust day of each month beginning . This monthly rent may change for reasons stated in Secrion 5 of trus Lease. If rent is not paid on time, a late fee will be charged in an amount as provided in the Admissiou and Occupancy Policies. A fee will also be charged in an amount as provided in the Admission and Occupancy Policies for checks returned for nou-sufficient funds or account closed. 3. If Tenavt wants to end this Lease (See Section 96), the Tenant is responsible for rent prorated on a daily basis for a mininmtn of tl�irty (30) days after the Tenant has given written notice to Management of an intent to vacate. If the Tenant wavts to end tl�is Lease but fails to give Management a written notice, rent will be charged for thirty (30) days from the day Ntanagementlearnsthe Tenanthas moved. B. Securily Deaosit 'Cl�e Tenant has agreed to pay $ as a security deposit with Management. The security deposit will be held by Managemeut in accordance with the Admission and Occupancy Policies, Minnesota law azid Federal regulations. C. Cl�arees llue Cl�ai'ges for, but izot limiCed to, maintenance and repaic, laCe rent payment fee, fee for retwued checks, and legally allowable court costs are due and collectible two weeks after Management gives written notice to the Tenant of the charges. 4. UTILITIES A. Bv Ma��aeement HD-424➢ - Ili-Rise Dwelling Lease Rev.7/2000 Pagc I of 5 Manageineut will pay lhe full cost of water (stove) and refrigerator. g / garbage collecYion, sewer service, gas, elech'iciry and hba�t and wi 1 furnish a xange 13. Bv Tenant Tenant must notify Management prior to the installation of a room air conditioner or food freezer. If Tenant has a room air conditionm or food freezer, Tenant will be charged a utility use fee by the PHA. The charge must be paid each month. The monlhly amount charged for the room air conditioner or food freezer may be adjusted from time to time by the PHA without prior notice to Tenant. 5. Ii�DETLRMINA'CION OF 12�N'I' ELIGIBILITY AND FOR CONTINUED OCCUPANCY AND UNIT SiZE A. Redetermination uf Rent At least once eaclt year, and other times as described below, Management will decide whether the TenanPs rental rate should be changed, wliether the dwelling unit size is still appropriate for the size ancUor composition of the Tenant's household, and whether tlie Tenant is eligible for continued occupancy in accordance with the Admission and Occupancy Pohcies which are available for review at the Mnnagement office. As requested by Management at the time oF the redeternunation, Tenant shall provide accurate cwrent information concerain6: L Tl�e number of people in TenauPs household, their age, gender, and any othex information required by Management. 2. "I'lia source and amow�t of income received by everyone in tha TenanPs household. 3. Auy allowaUle deducUons. 1'he redeterininatiou for eontinued occupancy will include a review of Tenant's rent paymg history, housekeeping inspection results, record of cooperation with ManagemenPs pest control program and all other lease compliant behavior. B. Literim Redetermination 'iYie reutal rate shown in Section 3. will remain in effect for the period between regular rent redeternunations unless during such period: 1. There is an �ddition or loss of any adult member to the TenanYs household or the addition of any minor not born into the l�ousel�old during Chis tenancy. 2. Tlicre is any inerease iu monthly gross household income of $400 or more, whether occutxing due to one income iucrease or due to more than one inerease or the cumiilative increases of moxe than one family member. 3. There is any reported decrease in income or an increase in allowances or deductions that would result in a rent decrease. 4. The current rental raCe was calculated for a temporaiy time period due to the inability Yo accurately pxedict income for an nnnual period. This includes, but is not limited to, all households whose total income is zero. A change iu income or family composition as specified above must be reported to Management within 10 days of its occurreuce. Tl�e effective date for clianges in rent based on interim redeterrninations will be in accordance with the Adrrussion and Occupaucy Policies. If die renlal rate is adjusted, Management will mail or deliver a notice of rent adjustment to the Tenant in accordance with Section I1. Failure by a Tenmrt to report any increases in hausehold income during a scheduled rent and income review or as specifed under Sectian S.B. Interim Redeterminations, or failure to appear for a scheduled rent and income review will be considered a serious and material violation of the lease and will result in any rent increase being effective retroactive to the time N�e increase would I�ave been made. C. Cl�anee of Unit Size Management will give notice to Tenant that Tenant will be required to move to another unit that is decent, safe and sanitary 1nd is of an appropriate size under ManagemenPs Occupancy Standards in accordance with the Admission and Occupancy Policies uuder the following circumstancas: �� If Management decides that the Tenant is living in a unit which is larger or smaller than [he PHA's Occupancy Standards allow for the household size and composition; or If Management decides that the unit is oYherwise inappropriate for the household size ox composition, including, but not limited to, when a unit modified for handicapped persons is being occupied by a household without l�andicapped persons; or If Managemenl decides that the unit requires substantial repairs or is scheduled for modernization or is not in decent, safe and sanitary condition. Afler being uo6fied o£ the new uniPs availability, the TenanY must move to the offered unit within thizry (30) days of the date of uotification. If the Tenant fails to move as required by Management, then Management has the right to take legal action to tenninnte this lease. Tenaut may ask for an explanation stating the specific grounds of the PHA deternunation. If the Tenant does not agree with flie determination, the Tenant has tl�e right to request a hearing under Management's Grievance Policy Procedure. G MANAGEMEN'P'S OBLIGATIONS Manasement aerees to do tl�e fbtlowine: A. Repair �nd maintain tUe dwelling unit, equipment and appliances, and the common areas and facilities which axe needed to keep the housiug in decent, safe and sanitary condition. B. Cwnply with all requirements of applicable state and local building and housing codes and HUD regulations concerning FIU-4248 — I li-l2ise Divelling Leasc Rev.7/2000 Pnge 2 of 5 matters ma�erially nffecti��g the l�ealth oi safety of the occupants. �/f%j�� C. Keep development buildings, facilities and common areas, not otherwise assigned to tenants for maintenance and upkeep, in a cleau and safe caidition. D. Marntaii� e7ecti•iosl, plumbing sanitary, heating, veniilating and other facilities and appliances, inch�ding elevators, supplied or required to be supplied by Management in good and safe working order and condition. E. Provide and maintain trash and garbage containers far the development. F. Supply runnittg water, and reasonable amounts of hot water and reasonable amounts of heat at appropriate times of the year, all in compliance with applicable state law and city ordinance. G. Thoroughly clean the dwelling unit as necessary before the transfer of the Tenant from one dwelling unit to another and before a new Tenant moves in. H. Offer the Tenanl a replacement dwelling unit, if available, if the condition of the TenauPs piesent dwelling unit is hazardous to tlie healNi or safety of the occupants and the condition is not conected in a reasonable time. Rent will be abated in proporlion to the seriousness of tlie damage and loss in value of a dwelling if repairs aze not made within a reasonable time or alternative accommodations are not provided in accordance with this paragraph, except that no abatement of rent will occur if tlie lenaut rejects the alternative accommodation or if the damage was caused by the Tenant, Tenant's household or guests. I. Give tlie Tenant reasonable notice of what certi£ication, release, informarion or documentation must be given to Management includiug tlie date by which any such item must be given. J. Notify tlie Tenaut of the specific grounds for any proposed adverse action by Management. 7. 013LIGA1'IONS OF TENANTS. MEMBERS OF HOUSEHOLD AND GUESTS 'Tlie Tenati[ ngrees to obey d�e following rules. The Tenant is also responsible for causing members of the household and guests to obey Hie following rules: A. 'I'l�e ten�ut shall: 1. Pay rent ou the first day of the month. 2. Pay reasonable cliarges, in accordance with the current schedule of charges posted in the Management office, for the repair of damages beyond normal wear and tear to the unit, development buildings, facilities or common areas, caused by either iutentional or negligent conduct of Tenant, members of the household or guests. 3. Use the unit solely as a private place to live for the Tenant and members of the Tenant's household as identified in Section 2., and not use the unit or permit its use for any other purpose. This provision does not exclude reasonable uccommodation of Tenant's guests or visitors, who are visiting with Tenant for purposes other than ro establish residency in S1int Paul, fot a period of time not to exceed fifteen (15) days per calendar year (See Section 2). 4. Ask for tl�e consent of Management before members of the household engage in profirinaking activities m the dwelhng unit Mauagement musl also decide whether such activities are legal and are incidental to the primary use of the leased ui�it for residence by members of the household. 5. Obey the written xegulations posted in the Management office. These regulations are made a part of this Lease by reference. G. Keep the unit in a clean and safe condition. 7. llispose of all garbage, rubbish and other waste from the unit in a sanitary and safe manner. 8. Use ouly in a reasonable manner all elechical, plumbing, heating, ventilating, air-conditioning, elevators and other facilities in the development buildings and common areas. 9. Park no more tl�an one vehicle per licensed leaseholder in the designated parking areas. Tenant shall park a vehicle in a mantier thaC will uot obstruct traffic and shall not permit any vehicles to remain in the parking area or other part of the l�ousing devalopment wlten such vehicle is no longer in operating condihon. 10. lmmediately report to the Mauagemeut Office any vandalism to the premises. 1 l. Iuunediately reporC to tl�e Maintenance Office any need fox repair to the inYexior or exterior o£ the dwelling unit and any other area used by the Tenant in connection with the TenanPs occupancy of the unit. 12. Participate in a trainiug program on housekeeping and home care skills if Management decides that the condihon of the unit does not meet lhe housekeeping standards set forth by the PHA. Such training will be provided by Management. 13. Comply witl� commw�ity service or self-sufficiency requirements in accordance with Federal law, regulations and Managemenl's Admission and Occupancy Policies. Each adult member of the TenanYs household must comply wrth these requirements. 13. 'Phe Tenant shall not: 1. Assign or lransfer the lease or sublease the unit. 2. Provide liousing for boarders or ]odgers. 3. Distnrb other tenavts or neighbors and shall prevent disturbance of other tenants or neighbors by guests, visitors or other persons wider control of household members. 4. Scatter rubbish, damage, destroy, deface or remove any part of the dwelling unit or premises and shall prevent such scattering of rubbish, damage, destruction, defacement or removal by guests, visitors or other persons under control of household members. 5. �nguge in, or allow members of the household, guests or another person under TenanPs control to engage in any criminal activity, including dcug-related cciminal aetivity, that Clueatens the health, safety, or right to peacefizl enjoyment of the puUlic housing premises by other tenants or employees of the Management. 6. Commit avy fraud in comiec[ion with any Federal housing assistance program, 7. Make any repairs or alterations or install any permanenlly affixed carpet oi any equipment, including but not lin:uted to, door locks, without the writtev approval of Management. Installation of satellite dishes, antennas oi other reception devices shall be in accordance with rules adopted by Management. 8. Have a�ry fowl, snakes or other animals on the premises, except small caged birds, fish in aquariums, small caged animals tliat will be kept indoors or a dog or cat as approved by Management and in accordance with the PHA's Pet Policy. 9. Cre�te !by acl or omission) 01' permit to exist any condition on the premises which results in a risk to the personal health or safety of any person or damage to property. ]0. Engage in, or allow members of tlie household, guests, or another person under the Tenant's control to engage in, any activity, including criminal activity, which impairs the physical or social environment of the prenuses, the neighborhood, or the development. ll. Smoke, or allow TenanPs guests, visitors or another person under the TenanYs control, to smoke in any common areas of the hi-rise. Commoa areas include the Community Room, hallways, stairways, elevators, public rest rooms, laundry HD-424D — IIi-Rise Dwelling Lease RevJ/2000 Page 3 of 5 rooms and any otl�er indoor space that is not within and a part of the TenanYs dwelling unit. � ! v � �,� 8, PliT POLICY ANll DEPOSIT A. Tenaut agrees to abide by all terms and conditions of the PHA's Pet Policy, which wi(I be furnished to Tenant by Manngemeut. 13. Except as provided in subsection D below, Management and Tenant mutually agree to allow Tenant to keep as a pet one cat or one dog or such other pet as is allowed by the PHA's Pet Policy. Tenant agrees to register the pet with Management before briuging the pet inCO Yhe dwelling unit. C. Tenant shall pay a pet deposit to Management in accordance with the PHA's Pet Policy. Management will hold the pet deposit until the tenant moves out or no longer owns or keeps a pet in the hi-rise. The pet deposit will be fiilly refunded, with interest, provided that no pet damage has been done to the dwelling unit. Amounts necessary to repair such damage will be deducted from tl�e pet deposit. ll. 1;XC�P'1'IONS: Dogs are not permitted at Mt. Aiiy, Dunedin, Wabasha, and Exchange hi-rises. 9. '1'�12N11NA'I'ION OC'PHE LF.ASE A. Mauagetneut will not terminate or refuse to renew the Lease and will not evict Tenant from the dwelling unit except for serious or repeated violation of material terms of the Lease or other good cause. Serious violation of the Lease includes but is nol limited lo: 1. Failiue of the Tenant to timely supply to the PHA any certification, release, information ox documentation on family income, assets or composition. 2. Non-pa}nnent of Tenant rent or other charges. 3. Flilure to accept a transfer for reasons specified in Section S.C. 4. Auy activity, not just criminal activity, thaC tlu�eatens the health, safety, or right to peaceful enjoymenY of the premises by other tenants and public housing employees, or drug-related and/or criminal achvity on or o£f the premises, uot just on or neax the premises, or alcohol abuse that Management decides interferes with the health, safety, or rigl�t to peaceful enjoyment of the premises by other tenants or neighbors, when such activity has been evgaged in by a Tenant, a member of the TenanPs household, a guest or another person under Tenant's conhol while the Tenaut is a Tenant in public housing. 5. Pailure of tl�e Tenant to accept Management's offer of a new lease revised in accordance with Federal law and regulations. 6. Failure of a member of the family household to comply with the community service requirements of Federal housing law and regulations. Minnesota law provides tliat a 1'enant automa[ically promises not to knowingly allow illegal drugs on the preauses and that tlie premises will uot be used by the 1'enant or others acting under the Tenant's control to violate crirrunal drug laws. The law provides th�t a breach of tliat promise revokes the TenanY's right Yo possession of the premises. Mmnesota Statutes, Section 504B301, furtlier provides that if illegal drugs or other illegal items are seized on the premises pursuant to Minnesota Stahites, Section 609.5317, Subdivision 1, Tenant is unlawfully detaining the premises, unless the Tenant has a defense under Miariesota Statutes, Section 609.5317, Subdivision 3. Eviction proceedings under these circumstances are excluded from MauagemenPs Grievance Procedure. 13. This Le1se �nay be terminated by tlie Tenant at any time by giving at least thirty (30) days written notice to Management on or before tlie last day of the month before the month the tenant intends on vacating the unit (see Section ! 1 C.) The Tenant shall leave tlie uuit iu a clean and good condition and return the keys to Management when the Tenant moves out. Failure to provide proper an'itten notice or failure to leave the unit in a good and clean condition or failure to rehun the keys to Management may result in additional charges to the Tenant. C. If tlie signer(s) of the Lease is no longer a member of the TenanPs household, this Lease will terminate. A new Lease will be executed avd signed by all adult remaining members of the household if those persons have not violated the terms and provisions of d�e Lease and the family continues to be eligible for low-income housing. D. If Nte Teua�it trausfers to another unit operated by Management, this Lease will terminate and a new Lease will be executed for Hie uuit into wl�ich the Tenant moves. E. Manageutent will give the Tenant written notice of temunation of the Lease as follows: 1. Fourteen (14) days in the case of failure to pay rent; 2. A reasonable time depending on the seriousness of the situation in the case of a threat or act against the health or safety of other tenants, ManagemenPs employees, or other persons, or 3. "1'hirty (30) days in all other cases. P'. Acceptance of rettt with laiowledge of good cause for ternunation of the Lease shall not be considered a waiver of Mauagement's right to ternunate this Lease on the basis oF such good cause nor of ManagemenPs right to assert such good cause in any iegal action. If tlie Tenant contivues to occupy the dwelling unit after the Termination of the Lease, the Tenant agrees to pay Management tl�e reasonable value of tlte use of the premises for the period that the Tenant continues to occupy the unit. The reasonable value for the use of the premises is equivalent to the amount of rent for such period. However, such payments shall not constihtte reut and by accepting such payments Management does not waive its right to assert any lease violations in any legal action. If Munagement decides to terminate this lease, it will give Tenant a written norice which states the reasons for the ternvnation, infonns tl�e Tenant of I�is or her right to reply and informs the Tenant of Tenant's rights under the Grievance Procedure described in Section 13 of this Lease. 10. INSPEC'PIONS AND ACCESS A. Before move-in, Management aud Tenant will inspect the unit. Management will give Tenant a written statement of coudi[ions of Yhe unit and the equipment provided with the unit. The sta[ement will be verified and signed by Management and Tenant. A copy of tlie statement will be kept by Management in the TenanPs file. HD-42413 — [li-Risc Uwelling Lcase Rev.7/2000 Page 4 oT 5 • - oa-�� B. When'1'eunnt moves out, Management will inspect the unit and furnish Tenant with a written statement of damages for which "1'enaut is responsiUle. If Tenant moves out after business hours or on a weekend or holiday, Management will inspect the unit on tlie next business day after Tenant has vacated. Management will give Tenant the opportunity to be present at this iuspectiou by giviug Teuant written uotice, within a reasonable time, of the time and date of the inspection. No notice will be provided if'fenant vacates without notice to Management. C. Managemenl m1y enter Tenant's unit as follows: 1. Managemeut will prwide Tenant with two (2) days writtett notice stating the purpose of entry into The unit, except ChaC ManagemenC will provide Tenant with �easonable notice (wrrtten ox oral) when it is necessary to enter the unit for making improvements or repairs. Management entry will be between the hours of 8:00 a,m. and 430 p.m. for the purposes of performing routine inspections and maintenance, including pest control operations, for making improveinents or repairs, or to show the premises for re-leasing. 2. Managemeut may enter the unit at any time without advance notification when there is a reasonable cause to believe an emergency exists; 3. If all ldult members of the household are absent at the time of entry, Management will leave a written sta[ement in the nnit specifying the date, time and purpose of entry. 11. LLGAL NO'PIC� A. Any notice to Tenant firom Management will be in writing either: 1. Delivered personally and handed to the Tenant or another member of the TenanYs household who is an adult; or 2. Be sent by prepaid first class mail properly addressed. B. If the Notice is delivered to a person other than the Tenant, Management will also mail a copy of the Notice to the Tenant. C. Any notice Tenaut gives to Management shall be in writing and either delivered to a Management employee at the assigned Management office or PHA Central Administrative Office, or be properly adciressed and sent by first class mail, ] 2, ABANDONM�N'C OT PROPER'1'Y If Tennnt is lbsent from the unil for fourteen (14) consecutive days and rent is owed, Management has the right to consider that Teuant has abandoned tUe unit. Any of TenanPs remaining personal property will be considered abandoned and may be disposed of by Management according to Minnesota law. 13. GRI�VANCE YI20CLDUI2G All disputes about tl�e Lease or about the responsibilities of Tenant, Tenant's household or Management, will be processed and resolved in acwrdance with tlie Grievance Pioceduie of Management which is in effect at the time the dispute arises. The Grievance Procedure is posted in Uie Mauagemeut o�ce and is made a part of this Lease by refereuce. 14. AllMISSION AND OCCUPANCY POLICIES Tl�e Admission und Occupancy Policies referred to in this Lease is the Admission and Occupancy Policies as approved and as antended by tlie PHA's Board of Commissioners and is made a part of this Lease by reference. A copy of the Admission and Occupancy Policies and amendments is posted in tha Management Office and may be examined at any time during business hours. 15. CHANGE5'POLEASE Clianges to tliis Lease, other tliau changes in Tenant rent, will be made only by a written addendum signed by both Management and Tenan[. 16. 12EC�IP'P OF LEASE AND OTHER DOCUMENTS BY TENANT Tl�e 1'enaut lias received executed copies of this Lease and the Grievance Procedure, has been informed that the Admission and Occttpancy Policies are posted in the Management Office and are available for inspection and understands how they all apply to ihe Tenant's tenancy. 17. Alllll'PIONAL I'ROVISIONS By signing below, Tenant and Management entex inlo this Lease which will take effect on the date shown in Secrion 1, TERM OF LEAS�; ItENEWAL OF LEASE on page 1 of this Lease. PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL Teuant Tenant � Housing Manager Tenant IiD-424f3 — IIi-Rise Dwelling Lease Rev 7l2006 Pa�e 5 of 5