`17. Removal of Subsidy:`

• a. The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items 1 or 2 below occur. Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be recomputed. In addition, if the Tenant's assistance is terminated because of criterion (1) below, the Tenant will be required to pay the HUD-approved market rent for the unit.

• (1)The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within 10 calendar days

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after receipt of the Landlord's notice of
               intent to terminate the Tenant's assistance
               payment.

• (2)The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment 1.

• b. The Landlord agrees to give the Tenant written notice of the proposed termination. The notice will advise the Tenant that, during the ten calendar days following the date of the notice, he/she may request to meet with the Landlord to discuss the proposed termination of assistance. If the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant.

• c. Termination of assistance shall not affect the Tenant's other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance, and assistance is available.

18. Tenant If the tenant submits false information on Obligation any application, certification or request To Repay: for interim adjustment or does not report interim changes in family income or other factors as required by paragraph 16 of this Agreement, and as a result, is charged a rent less than the amount required by HUD's rent formulas, the Tenant agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was charged. The Tenant is

not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments.

19. Size of The Tenant understands that HUD requires the Dwelling Landlord to assign units in accordance with the Landlord’s written occupancy standards. These standards include consideration of unit size, relationship of family members, age and sex of family members and family preference. If the Tenant is or becomes eligible for a different size unit, and the required size unit becomes available, the Tenant agrees to:

• a. move within 30 days after the Landlord notifies him/her that unit of the required size is available within the project; or

• b. remain in the same unit and pay the HUD-approved market rent.

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20. Access by Landlord:

• a. The Landlord agrees to enter the unit only during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to enter the unit only after receiving the Tenant's consent to do so, except when urgency situations make such notices impossible or except under paragraph (c) below.

• b. The Tenant consents in advance to the following entries into the unit:

  • (i) The tenant agrees to permit the Landlord, his/her agents or other persons, when authorized by the Landlord, to enter the unit for the purpose of making reasonable repairs and periodic inspections.

• (ii) After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours.

• c. If the Tenant moves before this Agreement ends, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re-occupancy.

  21.  Discrimination      The Landlord agrees not to discriminate
       Prohibited:         based upon race, color, religion, creed,
   National origin, sex, age, familial status,
                   and disability.

  22.  Change in Rental    The Landlord may, with the prior approval of
       Agreement:          HUD, change the terms and conditions of this
                           Agreement.  Any changes will become
                     effective only at the end of the initial
    term or a successive term.  The Landlord must
notify the Tenant of any change and must
offer the Tenant a new Agreement or an
amendment to the existing Agreement.
TheTenant must receive the notice at least
60 days before the proposed effective date
of the change.  The Tenant may accept the
changed terms and conditions by signing the
new Agreement or the amendment to the
existing Agreement and returning it to the
Landlord.  The Tenant may reject the changed
terms and conditions by giving the
Landlord written notice that he/she intends
to terminate the tenancy.  The Tenant must
give such notice at least 30 days before the
proposed change will go into effect.  If the

Tenant does not accept the amended
agreement, the Landlord may require the
Tenant to move from the project, as provided
in paragraph 23.

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23. Termination of Tenancy:

• a. To terminate this Agreement, the Tenant must give the

  - `Landlord 30-days written notice before moving from the unit.` 
  

• b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, State and local law, and the terms of this Agreement.

  • c. The Landlord may terminate this Agreement for the following reasons:

    `1. the Tenant’s material noncompliance with the terms of` 
    
    `this Agreement;` 
    
    `2. the Tenant’s material failure to carry out obligations under any State Landlord`
    

• and Tenant Act;

     `3. drug related criminal activity engaged in on or near the premises, by any tenant, household member, or guest, and any such activity engaged in on the` 
  
     `premises by any  other person under the tenant’s control;` 
  
     `4. determination made by the Landlord that a household member is illegally using a drug;` 
  
     `5. determination made by the Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the` 
  
     `premises by other residents;` 
  
     `6. criminal activity by a tenant, any member of the tenant’s household, a guest or another person under the tenant’s control:` 
  
           - `(a) that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or` 
  
           - `(b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;` 
  
     `7. if the tenant is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under` 
  
     `the laws of the place from which the individual flees, or that in the case of the State of New Jersey, is a high misdemeanor;`
  

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8. if the tenant is violating a condition of probation or parole under Federal or State law;

9. determination made by the Landlord that a household member’s abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents;

10. if the Landlord determines that the tenant, any member of the tenant’s household, a guest or another person under the tenant’s control has engaged in the criminal activity, regardless of whether the tenant, any member of the tenant’s household, a guest or another person under the tenant’s control has been arrested or convicted for such activity.

• d. The Landlord may terminate this Agreement for other good cause, which includes, but is not limited to, the tenant’s refusal to accept change to this agreement. Terminations for “other good cause” may only be effective as of the end of any initial or successive term.

      The term material noncompliance with the lease includes:   (1)
one or more substantial violations of the lease;  (2) repeated
minor violations of the lease that (a) disrupt the livability of
the project; (b) adversely affect the health or safety of any
person or the right of any tenant to the quiet enjoyment to the
leased premises and related project facilities, (c) interfere
with the management of the project, or (d) have an adverse
financial effect on the project (3) failure of the tenant to
timely supply all required information on the income and
composition, or eligibility factors, of  the tenant household
(including, but not limited to, failure to meet the disclosure
and verification requirements for Social Security Numbers, or
failure to sign and submit consent forms for the obtaining of
wage and claim information from State Wage Information Collection
Agencies), and  (4) Non-payment of rent or any other financial
obligation due under the lease beyond any grace period permitted
under State law.  The payment of rent or any other financial
obligation due under the lease after the due date but within the
grace period permitted under State law constitutes a minor
violation.

• d. If the Landlord proposes to terminate this Agreement, the

    Landlord agrees to give the Tenant written notice and the
grounds for the proposed termination.  If the Landlord is
terminating this agreement for “other good cause,” the
termination notice must be mailed to the Tenant and hand-

   delivered to the dwelling unit in the manner required by HUD
at least 30 days before the date the Tenant will be required
to move from the unit and in accordance with State law
requirements.  Notices of proposed termination for other
reasons must be given in accordance with any time frames set
forth in State and local law.  Any HUD-required notice period
may run concurrently with any notice period required by State
or local law.  All termination notices must:

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  - `specify the date this Agreement will be terminated;` 

  - `state the grounds for termination with enough detail for the Tenant to prepare a defense;` 

  - `advise the Tenant that he/she has 10 days within which to discuss the proposed termination of tenancy with the Landlord.  The 10-day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed.  If the Tenant requests the meeting, the Landlord agrees to discuss the proposed termination with the Tenant; and` 

  - `advise the Tenant of his/her right to defend the action in court.` 

• f. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph e.

24. Hazards: The Tenant shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase the project's insurance premiums. Such action constitutes a material non-compliance. If the unit is damaged by fire, wind, or rain to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition.

25. Penalties for Knowingly giving the Landlord false Submitting False information regarding income or other Information: factors considered in determining Tenant's eligibility and rent is a material noncompliance with the lease subject to termination of tenancy. In addition, the Tenant could become subject to penalties available under Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years.

26. Contents of this This Agreement and its Attachments make Agreement: up the entire agreement between the

     - `Landlord and the Tenant regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them.` 

27. Attachments to The Tenant certifies that he/she has the Agreement: received a copy of this Agreement and the

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following Attachments to this Agreement
and understands that these Attachments are
part of this Agreement.

  - `a. Attachment No. 1 – Owner’s Certification of Compliance with HUD’s Tenant Eligibility and Rent Procedures, form HUD-50059` 

• b. Attachment No. 2 - Unit Inspection Report.

• c. Attachment No. 3 - House Rules (if any).

  28. Tenants’ rights to organize: Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities related to the establishment or operation of a tenant organization set out in accordance with HUD requirements.

  29. Tenant Income Verification: The Tenant must promptly provide the Landlord with any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements.

  30. The lease agreement will terminate automatically, if the Section

  - `8 Housing Assistance contract terminates for any reason.`
  

31. Signatures:

Public reporting burden – HUD is not requesting approval of any burden
hours for the model leases since use of leases are a standard business
practice in the housing rental industry.  This information is required
to obtain benefits.  The request and required supporting documentation
are sent to HUD or the Contract Administrator (CA) for approval.  The
lease is a contract between the owner of the project and the tenant(s)
that explains the terms for residing in the unit.  Leases are a
standard business practice in the housing rental industry.  Owners are
required to use the HUD model lease which includes terms normally
covered by leases used in the housing rental industry plus terms
required by HUD for the program under which the project was built
and/or the program providing rental assistance to the tenants.

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This information is authorized by 24 CFR 5.360, 236.750, 880.606, 883.701,
884.215, 886.127, 891.425, 891.625 and 891.765 cover lease requirements and
provisions.  This information is considered non-sensitive and does not require
any special protection.

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