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ot exclusive and nons. Any remedy provided t be exclusive or preclude rcising any other remedy is Contract or under any For shall any action taken any remedy be deemed a er rights or remedies avails. Failure on the part of cise any right or remedy te a waiver of that or any medy, nor operate to deof the right thereafter to al action for the same or efault.

Except as otherwise prodispute concerning a quesising under this Contract sposed of by agreement of wner may be submitted by O the U.S. Department of Urban Development field who shall make a decision or otherwise furnish a writof to the Owner and the

of the governing body of the locality (city
and county) in which the Premises are situ-
ated, no member of the governing body of
the locality in which the LHA was activated,
and no other public official of such locality
or localities who exercises any functions or
responsibilities with respect to the Prem-
ises, during his tenure or for one year there-
after, shall have any interest, direct or indi-
rect, in this Contract or in any proceeds or
benefits arising from it.

2.9. Interest of member of or delegate to
Congress. No member of or delegate to the
Congress of the United States of America or
resident commissioner shall be admitted to
any share or part of this Contract or to any
benefits which may arise therefrom.

2.10. Nonassignability. a. The Owner agrees that he has not made, and will not make any sale, assignment, or conveyance or transfer in any other form, of this Contract, or any of his interest therein, except with the prior consent of the LHA. The assignment by the Owner of the Contract to a limited partnership of which the Owner is the general partner shall not be considered an assignment herein.

on of the field office director
nd conclusive unless, within
the date of receipt of such
arty mails or otherwise fur-
ield office director a written
ed to the Secretary of Hous-
1 Development. The decision
ry or his duly authorized rep-
r the determination of such
be final and conclusive, unless
y a court of competent juris-
ve been fraudulent, or capri-
trary, or so grossly erroneous
to imply bad faith, or not sup-
bstantial evidence. In connec-
7 appeal proceeding under this
appellant shall be afforded an
to be heard and to offer evi-
pport of his appeal. Pending
n of a dispute hereunder, both
proceed diligently with the per-
the Contract and in accordance
ision of the field office director.
ction does not preclude consider-
estions of law in connection with
ndered under paragraphs a and
ection; Provided, however, That
rein shall be construed as making
ecision of any administrative offi-
Fentative, or board on a question

b. For the purpose of this Section, a transfer of stock in the Owner in whole or in part by a party holding ten percent or more of the stock of said Owner, or a transfer by more than one stockholder or the Owner of ten percent or more of the stock of said Owner or any other similarly significant change in the ownership of such stock or in the relative distribution thereof in or with respect to the parties in control of the Owner or the degree thereof, by any other method or means, whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of new or additional stock or classification of stock or otherwise, shall be deemed an assignment, conveyance, or transfer with respect to this Contract. The Owner agrees to notify the LHA promptly of any such proposed action and to request the written consent of the LHA in regard thereto. The Owner and the party signing this Contract on behalf of said Owner, represent that they have the authority of all of the existing stockholders of the Owner to agree to this paragraph on behalf of said stockholders and to bind them with respect thereto.

NOTE: Appendix X is not included herein but does appear in the HUD Existing Hous

rest of members, officers, or em-
LHA, members of local governing
ther public officials. No member,
employee of the LHA, no member ing Handbook.

ed by other than the undersigned but the unit will be vacated prior ipancy by the Family as a result voluntary decision of occupant, or ion by Owner for cause, or (3) reasons clearly unrelated to the ed leasing to the Family.

init is made available, managed, ed regardless of race, color, reli, sex, or national origin.

ity and Utility Deposits. The ill will not require Authority aspay security and/or utility deamount of Owner's required seosit (not to exceed one month's The amounts of the re

ty deposits are:

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Attached is a Security Deposit Agreement, signed by this Authority, which shall be signed by the Owner and the Family and a signed copy returned to this Authority. Yes □ No

2. Disapproval. The proposed lease and/ or the dwelling unit are/is disapproved for the following reasons:

3. Resubmission. If the conditions in item 2 above are remedied, and a Request for Lease Approval is resubmitted by the Owner and the Family to the Authority by (date), the lease will be approved by the Authority if it determines that the conditions have been remedied to its satisfaction. (The Certificate of Family Participation issued to the Family shall not expire before said date.)

(Date)

(Name of Local Housing Authority)

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ity Determination. The Owner amily understand that the Aunotify them as to whether or posed lease is approvable within riod specified in paragraph 4 of ate of Family Participation.

(Signature)

of Family Representative)

at Address of Family)

-AUTHORITY DETERMINATION

nt to the Owner and Family) cable box.)

al. This Authority hereby aproposed lease between

ocated

(Owner) for the dwellat

ess and apartment number, if med herewith are (a) the procompleted by the Authority to the portion of the monthly which the Family shall be obliy to the Owner, and (b) two Housing Assistance Payments mpleted by this Authority ecution. The Lease shall be exe Family and the Owner and a d to the Authority. The Owner th copies of the Contract and to the Authority. The Authorie the Contract by the first day specified in the lease and will return an executed copy to the

By:

(Signature and Title)

APPENDIX VI-LEASE PROVISIONS REQUIRED, FOR PARTICIPATION IN THE HOUSING ASSISTANCE PAYMENTS PROGRAM

"ADDENDUM TO LEASE

(Section 23 Housing Assistance Payments

Program)

"The following additional Lease provisions are incorporated in full in the Lease between

for the

(Lessee)

(Lessor) and following dwelling unit:

In case of any conflict between these and any other provisions of the Lease, these provisions shall prevail. "a. Of the total rent ($

per month), shall be payable by the Housing Authority (LHA) as housing assistance pay. ments on behalf of the Lessee and $shall be payable by the Lessee. These amounts shall be subject to change by reason of changes in the family income or composition, as determined by the LHA, effective as of the date stated in a notification of such change by the LHA to the Lessee and Lessor.

"b. The Lessor shall provide the following services (including security) and mainte

nance:

[Here specify all services to be provided by the Lessor, which shall include all services customarily supplied to tenants of this type of housing in the locality. In preparing this list, the provisions contained in form HUD52505A, Guide for Lease Provisions for Maintenance and Security Services, shall be included except to the extent modifications are approved by the LHA.]

"c. The Lessor shall not evict the Lessee unless the Lessor complies with the require

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if any, and of this proviall give the Lessee a writproposed eviction, stating vising the Lessee that he h greater number, if any, ired by local law) within Co the Lessor. Because the the LHA's authorization Copy of the notice shall be neously to the LHA, and also state that the Lessee same time period, present the LHA in writing or in shall forthwith examine viction and shall authorize ss it finds the grounds to be r the Lease. The LHA shall and the Lessee of its deter20 days of the date of rece by the Lessee whether or has presented objections to

or shall not discriminate see in the provision of serny other manner, on the , color, creed, religion, sex, in.

spect to refrigerators, ranges, plumbing,
heating, electrical and hot water fixtures
and systems, and broken, stuck, or damaged
doors, screens or windows);

d. Repainting and redecorating dwelling
space and non-dwelling space surfaces on
the following basis: [to be specified in the
lease];

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e. Prompt replacement of light bulbs and other lighting equipment in common (including outdoor) areas;

f. Exterminating services on a regularly scheduled basis, as follows: [to be specified in lease];

g. Where applicable, removal of snow and ice from walkways, exterior stairs, and parking areas on a timely basis;

h. Repair of walkways and parking lot surfaces;

i. Where applicable, repair of garbage disposals, dishwashers, air conditioners, and laundry equipment;

j. Where applicable, regular maintenance and prompt repair of elevators, incinerators, compactors, and laundry equipment and facilities;

ng provisions shall be included among lease provisions regardnce and security services for eased to families participating 123 Housing Assistance Payam. Subject to the approval of ms which are not customarily this type of housing in the loe excluded.

k. Security services and equipment [to be specified in the lease].

NOTE: Appendices VII and VIII, which relate to internal HUD processing procedures, are not included herein, but do appear in the HUD Existing Housing Handbook.

: shall provide the following ser-
ing security) and maintenance:
al services (including, but not
cleaning of hallways, garbage
as, and all common areas, and
f an adequate supply of trash
e storage equipment, and/or ade-
and garbage disposal);

ds maintenance (including, but
1 to, exterior custodial services
enance of lawns and outdoor
including lawn cutting and re-

APPENDIX IX-HOUSING ASSISTANCE
PAYMENTS CONTRACT

This Housing Assistance Payments Contract ("Contract") is made and entered into on this day of —— -, 19, by and between the person or entity having the legal right to lease the unit (hereinafter called the "Owner"), and ("LHA"), a public body, corporate and politic, organized and existing under and by virtue of the laws of the State

ot response to Lessee service calls but not limited to, calls with re

of

The Owner and the LHA agree as follows:

PART I

1.1. Purpose of contract. a. The LHA hereby agrees to make housing assistance payments on behalf of (name of family) ("Family") for the following described dwelling unit ("assisted unit"), to enable the Family to lease decent, safe, and sanitary housing pursuant to Section 23 of the United States Housing Act of 1937.

b. The assisted unit is to be leased by the Owner to the Family for use and occupancy by the Family solely as a private dwelling.

1.2. Housing assistance payments. a. The LHA has determined that the Family can

pay
per month toward the
geable by the Owner. The LHA
n behalf of the Family a housing
payment in the amount of $-
presents the difference between
hargeable by the Owner and that
said rent payable by the Family.
nt of housing assistance payment
mount of rent payable by the
■ll be subject to change by reason
in the Family income or compo-
letermined by the LHA, effective
date stated in a notification of
e by the LHA to the Family and
owever, any increase in the
yable by the Family shall be
a corresponding decrease in the
housing assistance payment; and
se in the amount payable by the
ll be offset by a corresponding
the amount of housing assist-
ent, but not in excess of the
ilable with respect to this assist-
ut of the aggregate amount
the Annual Contributions Con-
for all dwelling units under the
ection 2.3(b)).

g assistance payments shall be
e LHA to the Owner, under the
conditions of this Contract, only
-iod during which the assisted
d by the Family under the lease
lling unit approved by the LHA
hould the Family vacate its unit
of the provisions of its Lease,
nay continue to receive housing
ayments in accordance with the
· Contract, not beyond the term
, but only if the Owner (1) im-
oon leasing of the vacancy, has
sible action to fill it, including,
ed to, contacting families on his
requesting the LHA to refer eli-
s, and advertising the availabil-
it; (2) has promptly (within 30
date the Family vacated the
d the LHA of the vacancy: and
rejected, except for good cause
to the LHA, any substitute
led by the LHA.

the LHA nor the United States (hereinafter referred to as the t") has assumed any obligation or the amount of rent payable ily or the satisfaction of any Owner against the Family. The gation of the LHA is limited to sing assistance payments on Family in accordance with this

Owner shall submit a monthly le LHA for the housing assistt. Upon the determination of t the amount of the request is hat the Owner is in compliance ovisions of this Contract, the

LHA shall pay to the Owner the amount requested.

(2) If the Owner receives any excessive payment, the LHA, in addition to any other rights to recovery, may deduct the amount from any subsequent payment or payments. (3) The Owner's monthly requests for housing assistance payments shall be made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States shall be fined not more than $10,000 or imprisoned for not more than five years or both.

1.3. Maintenance, operation and inspection. a. The term "Premises", as used in this Contract, means the dwelling unit leased by the Family and areas, facilities and grounds which are for its benefit or use.

b. The Owner agrees (1) to maintain and operate the Premises so as to provide decent, safe, and sanitary housing, and (2) to provide all maintenance and services as contained in the Lease. If, at any time during the term of this Contract, the Owner fails to comply with the obligation in (1), housing assistance payments on behalf of the Family shall be wholly abated and if the Owner fails to comply with the obligation in (2), housing assistance payments on behalf of the Family shall be abated in whole or in part. Any abatement under this paragraph b shall be effective upon written notification to the Owner, and shall continue until such time as the obligation is complied with. The LHA shall promptly notify the Family of any such abatement.

c. The LHA will inspect, or cause to be inspected, at least annually, the Premises to determine that they are in decent, safe, and sanitary condition.

1.4. Term of contract. The term of this Contract shall be The Contract shall terminate upon expiration or termination of the Lease and shall be subject to termination in accordance with the provisions of Section 2.5 of this Contract.

1.5. Eviction. The Owner shall not evict the Family unless the Owner complies with the requirements of local law, if any, and of this Section. The Owner shall give the Family a written notice of the proposed eviction, stating the grounds and advising the Family that it has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Owner. The Owner must obtain the LHA's authorization for an eviction; accordingly, a copy of the notice shall be furnished simultaneously to the LHA, and the notice shall also state that the Family may, within the same time period, present its ob

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notify the Lessor and the Lessee of its de-
termination within 20 days of the date of re-
ceipt of the notice by the Lessee whether or
not the Lessee has presented objections to
the LHA.

payable by the Housing Auas housing assistance payalf of the Lessee and $able by the Lessee. These I be subject to change by nges in the family income or s determined by the LHA, efhe date stated in a notification ge by the LHA to the Lessee

"d. The Lessor shall not discriminate against the Lessee in the provision of services, or in any other manner, on the grounds of race, color, creed, religion, sex, or national origin.

sor shall provide the following uding security) and mainte

"e. This Lease has been signed by the par-
ties on the condition that the LHA will
promptly execute a Housing Assistance Pay-
ments Contract with the Lessor. According-
ly, this Lease shall not become effective
unless the LHA has executed such Contract
by the first day of occupancy specified in
the Lease.
"Lessor-
Date-

fy all services to be provided by which shall include all services supplied to tenants of this type the locality. In preparing this ons contained in form HUDide for Lease Provisions fcr and Security Services, shall be ept to the extent modifications by the LHA.]

By

Lessee

Date

1.7. Relocation certification. a. The
Owner hereby certifies that the dwelling
unit was vacant on the date that he execut-
ed the Request for Lease Approval with the
Family. If the unit was not vacant on that
date, the Owner hereby certifies that it was
or will be vacated (check applicable box):

as a result of voluntary decision of occu-
pant,

Das a result of action by Owner for cause, or
for reasons clearly unrelated to leasing of
the unit by the Family under the Hous-
ing Assistance Payments Program, and
the Owner further certifies that the spe-
cific circumstances were as follows:

This certification is made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly or willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

essor shall not evict the Lessee
essor complies with the require-
cal law, if any, and of this provi-
essor shall give the Lessee a writ-
of the proposed eviction, stating
5 and advising the Lessee that he
(or such greater number, if any,
De required by local law) within
espond to the Lessor. Because the
it obtain the LHA's authorization
tion, a copy of the notice shall be
simultaneously to the LHA, and
shall also state that the Lessee
in the same time period, present
ions to the LHA in writing or in
he LHA shall forthwith examine
ds for eviction and shall authorize
on unless it finds the grounds to be
nt under the Lease. The LHA shall

b. The Government has determined that satisfactory commitments have been made for the funding of relocation costs pursuant to the Uniform Relocation Assistance Real Property Acquisition Policies Act of 1970, as follows:

c. If paragraph b is inapplicable, the Owner agrees to hold harmless and to indemnify the LHA for any cost incurred under said Act in connection with vacation of said units, and the Owner further agrees that the LHA shall have the right to be reimbursed for any such costs by withholding from housing assistance payments payable to the Owner.

1.8. Entire Agreement. This Contract, including Part II hereof, contains the entire

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