Rent to Own Public Housing Lease
UNIT NO. __________
CLIENT NO. __________
WHEREAS, the Housing Authority of the City of Hartford has instituted a Homeownership initiative; and
WHEREAS, You and the members of Your Household desire to purchase a Home and are entering into this lease for the purpose of deferring the purchase until You have reached Your goal of qualifying for financing to allow You to purchase a Home .
NOW THEREFORE, in consideration of the execution of this lease and performance of the covenants, agreements, and conditions by both parties set forth in this lease, the parties hereto enter into this lease, on the terms, covenants, and conditions and subject to the promises and provisions set forth below.
SPECIAL OBLIGATIONS AND ACKNOWLEDGMENTS
You understand that Charter Oak Terrace has been designated a Homeownership Community. You agree to purchase Your Home within a maximum of five (5) years as described in paragraph 8C of this lease, or vacate the Home. You understand that Your acceptance of this maximum five (5) year term limit is a condition of occupancy in the Charter Oak Terrace Homeownership Community. You further understand that the requirement to move out of Charter Oak Terrace is based upon Your failure to qualify for a first mortgage or comply with the requirements of the Campus of Learners Lease Addendum. You agree that You and all household members must cooperate with the Charter Oak Terrace Campus Of Learners staff and/or collaborating agencies in assessing needs, establishing goals and in fulfilling all other Charter Oak Terrace program requirements. Compliance with the obligations of this lease is a household responsibility of all adult members who sign this lease. All rights under this lease accrue to the household as a unit and not to the individual adult household members.
You acknowledge that these conditions and purposes have been fully explained and understood by You at the time of Your application and at the time Your execution of this lease.
1. The terms "We", "Us", "Our" and "the Authority" mean the Housing Authority of the City of Hartford. The term HUD means the U.S. Department of Housing and Urban Development or its successors or assigns. The term "Home" means the dwelling unit at .
2. The terms "You" , "Your", and household members means the following persons:
NAME RELATIONSHIP DATE OF BIRTH SOCIAL SECURITY NUMBER
The homeownership program at Charter Oak Terrace is" term limited". Term limited is defined as "providing You a reasonable, but limited, time period of five (5) years. This five(5) year maximum term limit begins the day You sign this. This lease can be renewed for a maximum four successive terms of one year each under the terms and conditions stated herein, unless terminated by Us.
Rents are established and revised by Us under applicable laws and regulations. Each month, until revised, You will pay the amount of $ _____________________ for rent. You will pay the rent on the first day of each month, starting on the first day of the month You occupy the Home. You must pay Your rent on or before the tenth day of each month. If You fail to pay Your rent on or before the tenth day of each month, We may terminate this lease. A $25.00 late charge will be imposed by Us which will become due and collectible as charges in addition to rent. If a check with which You have paid Your rent is not honored by the bank on which it is drawn, a charge of $25.00, or the charge imposed upon Us by Our servicing bank, as posted will be added to all sums due from You. We will treat Your failure to make payments of late charges or dishonored checks, as a breach of this lease obligation. Our acceptance of use and occupancy after service of a notice to quit shall not constitute a waiver of Our right to terminate this lease.
IV. CHARGES IN ADDITION TO RENT:
1. Charges in addition to rent shall be determined in accordance with applicable laws and regulations. Maintenance and repair costs shall be determined by a schedule of charges. A copy of the fee schedule for charges in addition to rent is posted and available at the Central Office of the Authority, 475 Flatbush Avenue, Hartford, CT.
2. You will be charged by Us for the cost of maintenance and repairs beyond normal wear and tear which shall not be collectable until two weeks after We give You written notice of the charge(s).
3. In the event legal action is initiated against You, You are responsible for charges in addition to rent for sheriff's fees, court costs, and attorney's fees.
4. Failure to make payment of charges in addition to rent will become a breach of this lease obligation. If You disagree with a charge(s) in addition to rent, You are entitled to request a grievance hearing in accordance with Section XIII of this lease.
V. REDETERMINATION OF RENT:
1. Annually and at Our request, You agree to furnish such information and certification regarding family composition and income as may be necessary for Us to make determinations with respect to rent. Failure to provide such information is grounds for eviction.
2. We will use this information to decide if Your rent should be changed. We will determine Your rent in accordance with the approved schedule of rents and the statement of income and occupancy limits which are posted in the central office.
3. Your rent may be changed before the next annual rent determination for any of the following reasons:
(a) Your circumstances change and have continued for at least one month and seem likely to continue for some time so that a decrease in rent is justified under the schedule of rents or to avoid a hardship.
(b) You misrepresented the facts to Us upon which Your rent was based so that Your rent has been less than what You should have been paying. In this case, the rent will be raised retroactively.
(c) By governmental law or regulations.
4. If We change Your rent, We will mail or deliver to You a "Notice of Rent Adjustment". The notice shall state the new amount and the date from which the new amount takes effect. You may ask Us for an explanation stating the specific grounds for the rental re-determination. If You do not agree with the rental re-determination, You have the right to request a grievance hearing, if You give Us notice in accordance with Section XIII of this lease.
5. If We decrease Your rent, the change will have effect from the first day of the following month, if You give Us written notice with written verification by Your employer or other source by the 15th day of the previous month. If We increase Your rent, the change will take effect from the first day of the second month following the notice of increase, unless the increase results from Your misrepresentation of the facts to Us, in which case the increase will be retroactive.
VI. SECURITY DEPOSIT:
1. Your security deposit will be $ _______________. You will pay a minimum of $50.00 or the gross monthly rent, whichever is greater, as a security deposit. If You fail to pay the security deposit payment, We will treat this as a breach of this lease obligation.
2. When Your lease is at an end, We may use the security deposit to pay for repairs of damage to the Home caused by You or any person who was in the Home with Your knowledge. When You vacate the Home, We may use the security deposit for any rent or charges in addition to rent which You owe Us. We will tell You, in writing, of all charges which We paid out of Your security deposit. We will not use the security deposit to pay for rent or other charges while You occupy the Home. You will be credited or reimbursed interest on Your security deposit in accordance with applicable laws.
VII. UTILITIES/MAINTENANCE REPAIRS:
It is understood that when you purchase Your Home you will be responsible for all utilities, maintenance and repairs. In keeping with the five year homeownership goal of the Campus of Learners, You will be expected to take increasing responsibility for the care and operation of Your Home. This will be evidenced by an incremental responsibility for the direct payment of utilities and incremental responsibility for home repairs as follows:
In the FIRST YEAR of your lease in the Campus of Learners, We will provide utilities to Your Home in the regular manner as follows:
1. Utilities provided by us are determined with applicable laws and regulations.
HEAT/HOT WATER: We will provide the Home with heat and hot water. We will provide the Home with gas, but no more than __________ cubic feet every month. You will pay for the use of gas in excess of this amount at the prevailing rate.
ELECTRICITY: We will provide the Home with limited electricity. The amount is as follows:
January through March _______KWH April through June___________KWH
July through September_______KWH October through December____KWH
WATER: We will provide the Home with water for the first year.
You will pay for excess utility use at the prevailing rate as a charge in addition to rent. If You fail to pay for excess utility use, We will seek reimbursement of utility payments made by Us to the utility company in excess of Your utility allowance. If You fail to pay the excess utility charge, We will treat this as a breach of this lease obligation.
After Year 1 of your lease in the Campus of Learners, changes will be made to the above as follows:
Year 2 and after, You will assume responsibility for water charges for your home.
Year 3 and after, You will assume responsibility for electricity charges for your home.
Year 4 and after, You will assume responsibility for gas charges for your home.
We may change the amount of utilities stated in this lease at any time during the lease, provided You are given written notice of the change, in accordance with applicable laws. You assume responsibility for water, electricity, and gas charges at any time during this lease.
Your Home will be turned over to You in new condition. When You are ready to purchase Your Home, or if you move out of the Campus of Learners for any reason, it is expected that Your Home will be in very good condition, ordinary wear and tear excepted. It is therefore expected that You will perform preventive maintenance in and around Your Home. For the first year, Authority staff will be available to assist You in performing and learning about these tasks. After the first year, You are expected to perform such maintenance on Your own. It is further expected that, should You be unwilling or unable to perform such preventive maintenance, You will notify the Authority in a timely fashion. Your performance on these matters will be included in Your Contract of Participation for the Campus of Learners, which is incorporated by reference.
At the time you sign this Lease You will be required to mow the lawn associated with Your Home. You will also be required to shovel snow and ice and apply sand on sidewalks and driveways associated with Your Home.
If You fail to maintain the lawn and sidewalks in an acceptable manner, You will be billed for the actual cost of performing those services by the Authority, and they will be considered as charges in addition to rent.
During Your first year in the Campus of Learners, any necessary minor repairs (e.g. clogged drains, replacement of washers in faucets, tightening screws) will be performed by Authority staff. Your presence will be required, however, during those repairs in order to receive instruction on performing said repairs by Yourself. In Your second year and beyond in the Campus of Learners, You will be required to perform minor repairs by Yourself. If you are unwilling or unable to make said repairs, You will be billed for the actual cost of labor and materials in making those repairs by the Authority and they will be considered as charges in addition to rent.
A. Your Right to Use and Occupancy:
You shall have the right to exclusive use and occupancy of the Home for residence by You and Your household members. You also have the right to reasonably accommodate guests or visitors. "Guest" means a person in the Home with the consent of a household member. Household members shall comply with Our rules on use of the Home. With Our consent, in writing, You may accommodate foster children and a live-in caretaker of a member of Your family, or engage in legal profit-making activities that are incidental to the primary use of the Home. You shall immediately notify Us in writing whenever any household member authorized to reside in the Home is no longer residing in the Home.
B. Our Obligations:
1. To comply with the requirements of applicable laws and local building or housing codes concerning matters materially affecting the health or safety of the occupants. Except for the obligations You may have assumed pursuant to Section VII. We agree to supply running water and maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including a stove and refrigerator. To notify You of the specific grounds for any proposed adverse action by Us including but not limited to: a proposed lease termination, transfer to another unit, imposition of charges for maintenance and repair, or for excess consumption of utilities. The notice of proposed adverse action shall inform You of the right to request a grievance hearing. In the case of proposed adverse action We shall not take the proposed adverse action until the time for You to request a grievance hearing has expired and if a grievance hearing was timely requested, until the grievance process is completed.
2. If the Home is damaged to the extent that conditions are created which are hazardous to life, health, or safety of the occupants, We shall repair the Home in a reasonable time, provided that, if the damage was caused by You, Your household members or guest(s), the reasonable cost of the repairs shall be charged to You. Where repairs cannot be made within a reasonable time, We shall offer alternative accommodations similar to the damaged unit, if available. If We fail to abide by these obligations Your rent may be abated in proportion to the seriousness of the damage and loss in value of the Home or if alternative accommodations are not provided, except that no abatement of rent shall occur if You refuse the alternative accommodation or if the damage was caused by You, Your household members or guest.
C. Your Obligations:
1. Under the lease You shall: Use the Home solely for residence by the You, and as Your only place of residence, and not use or permit its use for any other purpose, without Our consent. You shall not sublease or assign the lease, or provide accommodations for boarders or lodgers. You shall supply any certification, release information or documentation which We, or HUD determine to be necessary, including submissions required by Us for an annual re-examination or interim re-examination of household income and composition in accordance with HUD regulations.
2. You shall immediately notify the central office of damage to the extent that conditions are created which are hazardous to life, health or safety of occupants. You shall keep the Home and such other areas as may be assigned to You for Your exclusive use in a clean and safe condition, including shoveling and removal of ice and snow.
3. You agree to move from the Home in any of the following circumstances: We determine (a) the Household failed, refused or is unable to perform or comply with the lease, or the Campus of Learners Addendum: (b) the Home requires substantial repairs, or is not in decent, safe and sanitary condition, is hazardous to the health or safety of the occupants and We offer You another dwelling unit if available. The offered unit shall be decent, safe, and sanitary and of appropriate size under Our unit size standards. (c) the 5 year term limit expired and You have not qualified for financing to purchase a Home from Us. You and all Household members will be transferred to the first available unit (based on family composition) not in Charter Oak Terrace.
4. You agree to abide by necessary and reasonable regulations promulgated by Us for the benefit and well-being of the housing development and the tenants which shall be posted in the central office. Comply with all obligations imposed upon You by applicable provisions of building and housing codes materially affecting health and safety. Dispose of all trash, garbage, rubbish and other waste from the Home in a sanitary and safe manner, and cut and maintain the lawn.
5. Use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appurtenances.
6. Refrain from, and to cause the household members and guests to refrain from destroying, defacing, damaging, or removing any part of the Home or development. Pay reasonable charges (other than for wear and tear) for the repair of damages to the Home, or the development (including damages to buildings, facilities or common areas) caused by You, a member of the household or a guest(s). Act, and cause household members or guest(s) to act, in a manner which will not disturb other resident’s peaceful enjoyment of their accommodations and will be conducive to maintaining the community in a decent, safe and sanitary condition.
7. Not commit fraud in connection with any housing assistance program. Not receive assistance for occupancy of any other unit assisted by a governmental or private program during the term of the lease.
8. Not engage in criminal activity in Home on or off the premises. Any of the following criminal activities by You or any Household member, on or off the premises, shall be a violation of the lease, a cause for termination of tenancy and for eviction from the unit: (a) any crime or threat of physical violence to persons or property or alcohol abuse, that threatens the health, safety or right to peaceful enjoyment of Our premises by other residents or employees; (b) illegal use, sale, manufacture or distribution of narcotics, or possession with the intent to use, sell, manufacture or distribute controlled substances.
9. We have adopted a one strike or, "Zero Tolerance" policy for illegal drug activity. Any violation of the foregoing constitutes a serious material violation of the lease and is grounds for termination of the lease and eviction from the premises.
IX. PRE-OCCUPANCY AND POST-TERMINATION INSPECTIONS; ENTRY:
1. Before You move into Your Home We both shall inspect it and note, in writing, the condition of the Home and equipment. You may have a representative join the inspection. After You move in, We may request to enter Your Home at reasonable times for the purpose of performing routine inspections and maintenance or for making improvements or repairs. We will give You at least 48 hours prior notice of the date and purpose of Our entry. We may enter Your Home without notice if We have reasonable cause to believe there is an emergency. If We enter the Home while You and Your household members are absent, We will notify You, in writing, at once of the date, time and purpose of entry prior to leaving the Home.
2. When You vacate, You must notify the central office and return the keys to the Home. We will inspect the Home and tell You, in writing, of any charge which You must pay. You and Your representative may join in Our inspection.
X. LEGAL NOTICE:
1. Any notice shall be given in accordance with applicable laws and regulations. Any notice which We must give You under this lease will be in writing. Unless the law requires otherwise, We can give sufficient notice in any one of the following ways: by first class mail, by certified mail, return receipt requested, postage paid, hand delivered to You or any adult who answers Your door. Notice may be delivered by any other means reasonably likely to give You actual notice. If You are visually impaired, all notices will be in accessible format.
2. Any notice You must give Us under this lease will be in writing. You can give sufficient notice in any one of the following ways: notice may be hand delivered to Our office, or may be mailed by certified mail, postage paid, to Housing Authority of the City of Hartford, 475 Flatbush Avenue, Hartford, Connecticut 06106.
XI. LEGAL COSTS:
In the event We sue You for any sum due under this lease, and judgment is rendered against You, We shall be entitled to collect that sum together with the costs of collecting such attorney's fees as allowed under law.
XII. TERMINATION OF LEASE:
1. You may terminate this lease any time by giving Us 15 days notice. You will leave Your Home in clean and good condition. You will return all keys to Us.
2. We may terminate Your lease for serious or repeated violations of the lease or other good cause by giving You notice as required by law. Serious violation of the lease or other good cause includes, but is not limited to the following cases: Your failure to timely supply to Us any certification, release information or documentation on family income or composition. Your non-payment of rent or charges in addition to rent. You, or guests, caused physical violence to other residents or employees, alcohol abuse that threatens the health, safety or right to peaceful enjoyment of Our premises by other residents or employees; possession with the intent to use, sell, manufacture, or distribute controlled substances, on or off the premises. If You fail, refuse or are not able to perform any of Your obligations: Under the lease, any of the requirements of the Campus of Learners Addendum to this lease. You or members of Your household's refusal to transfer to the first available public housing unit that meets family composition. You failed to comply with the rules and regulations or obligations in any addendum to this lease.
3. Your tenancy shall not terminate until the time for You to request a grievance hearing has expired, and if a grievance hearing was timely requested, after the grievance processes has been completed.
XIII. GRIEVANCE PROCEDURE:
We have posted a Grievance Procedure in the Central Office. Its terms are a part of this lease. You must follow this procedure if You wish to resolve any grievance or appeal arising from this lease. The grievance procedure may be modified in accordance with applicable laws and regulations.
XIV. GENERAL CONDITIONS:
1. The Housing Authority may, in its sole discretion, terminate the Charter Oak Terrace program in its entirety or temporarily discontinue any and all services due to lack of funding, reorganization, or other events. If the Housing Authority temporarily discontinues any programs or services, You and the members of Your Household will not be held in non-compliance for the period the program is discontinued.
2. Failure of the Housing Authority to insist upon strict enforcement of the terms and conditions of any portion of this lease shall not constitute or be construed as a waiver or relinquishment of the Housing Authority's right thereafter to enforce the terms and conditions, but the same condition in full force and effect. If any term, covenant, or condition of this lease or the Application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of the lease shall not be affected thereby, and each term, covenant and condition of this lease shall be enforced to the fullest extent permitted by law.
3. All other provisions of this lease will remain in full force and effect. However, in the event of conflict between the provisions of this lease and any Addendum to the lease, this lease shall control.
Modification of this lease must be accomplished by written rider, executed by both parties. The documents named and attached hereto are incorporated by reference and made part hereof: Application for Admission; Campus of Learners Lease Addendum; Option to Purchase Addendum; Rules and Regulations.
You certify that You and other members of Your Household have not committed any fraud in connection with any housing assistance programs, unless any such fraud was fully disclosed to Us before execution of this lease or Our approval for occupancy of the Home by household members. You certify that all statements contained in Your application for admission attached hereto and incorporated by reference are true and correct. False statements are grounds for termination of this lease and eviction from the premises.
IN WITNESS WHEREOF, We, through Our duly authorized officer or representative, and You, have executed this lease this ____________day of _____________________________, 19 .
HOUSING AUTHORITY OF THE CITY OF HARTFORD
Signed, Sealed and Delivered
In the presence of:
Tenant Witness-HHA Management
Tenant Witness-HHA Management