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HomeMy WebLinkAboutRES HA-38RESOLUTION NO. HA-38 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING THE ADMINISTRATIVE PLAN FOR THE PALM DESERT HOUSING AUTHORITY PERTAINING TO THE MANAGEMENT AND OPERATION OF THE AFFORDABLE HOUSING RENTAL UNITS NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Housing Authority (the "Authority"), in cooperation with the Palm Desert Redevelopment Agency (the "Agency"), has established an affordable housing rental program (the "Program") for very low, low and moderate income residential homeowners in the City. Section 2. The Authority wishes to memorialize the policies and procedures under which the Authority currently operates, for the administration, management and operations of the Program into an Administrative Plan (the "Plan") as attached hereto and incorporated herein by this reference. Section 3. The Administrator of the Plan shall be the Authority regardless of funding source or ownership of the properties. Section 4. The Authority herby approves and accepts the Plan as well as the authority provided herein for the purpose of the management and operation of the properties that may be owned, operated, restricted or otherwise controlled by the Agency or Authority from time to time. Section 5. The Executive Director of the Authority shall have the authority to implement and administer the Plan in accordance with the terms therein as well as the Authority Bylaws so long as such action is not inconsistent with the intent hereof. PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this 26th day of Jung008 by the following vote, to wit: AYES: FERGUSON, FINERTY, SPIEGEL, and BENSON NOES: TELLY ABSENT: NONE ABSTAIN: NONE ATTEST: chelle D. Klassen, Se tary Jea • . Benson, Chair .Qiwde'4— RESOLUTION NO. PA-38 [This pr gr hrr ir_tertiorrll•' b. T' left blrrk.] RESOLUTION NO. HA-38 PALM DESERT REDEVELOPMENT AGENCY— PALM DESERT HOUSING AUTHORITY ADMINISTRATIVE PLAN r- -- - ". 7.1"\• '44144;1444R ADMINISTRATIVE POLICIES AND PROCEDURES of the PALM DESERT HOUSING AUTHORITY for the Management and Operation of its AFFORDABLE HOUSING RENTAL UNITS 73-510 Fred Waring Drive Palm Desert, CA 92260 Phone: (760) 346-0611 Fax: (760) 341-6372 www.citvofpalmdcscrt.org Version 1.0 6/7/7008 14 OS AM RESOLUTION NO. HA-38 TABLE OF CONTENTS ABOUT THE AUTHORITY 1 1.0 DEFINITIONS 2 2.0 ABOUT THE PLAN 8 2.1 PURPOSE OF PLAN 8 2.2 APPLICABILITY OF PLAN 8 2.3 ADMINISTRATOR OF THE PLAN 8 2.4 FISCAL RESPONSIBILITIES 8 2.5 EQUAL OPPORTUNITY 8 2.6 PROPERTIES 9 3.0 TENANT SELECTION AND WAITING LIST PROCEDURES 10 3.1 WAITING LIST INTEREST REGISTRATION FORM 10 3.2 ESTABLISHMENT OF WAITING LISTS 10 3.3 ELIGIBILITY FOR WAITING LIST 10 3.4 PLACEMENT ON THE WAITING LIST 10 3.5 NOTIFICATION OF AVAILABLE UNIT 10 3.6 NOTIFICATION BY WAIT LIST ELIGIBLE HOUSEHOLD OF INCOME OR HOUSEHOLD CHANGES 11 3.7 WAITING LIST MAINTENANCE AND NOTIFICATION OF CONTINUED INTEREST 11 3.8 ALL UNITS ARE AFFORDABLE 11 3.9 PREFERENCES 11 3.10 SELECTION FROM THE WAIT LIST UPON UNIT AVAILABILITY 11 3.10.1 Property Income Composition and Income by Unit Allocation 12 3.10.2 Unit Under/Over Utilization 12 3.10.3 Offer and Acceptance of a Restricted Unit 12 3.10.4 Unit Availability and Transfers 12 3.10.4a Emergency Transfer 12 3.10.4b Disabled Person Accommodation 13 3.10.4c Required Transfer 13 3.10.4d Medical Transfer 13 3.10.4e Requested Transfers 13 3.11 Conflicts Prohibited 13 4.0 APPLICATIONS AND HOUSEHOLD QUALIFICATION 14 4.1 APPLICATION 14 4.1.1 Contact Information 14 4.1.2 Income 14 4.1.3 Assets 14 4.1.4 Affordable Requirements 14 4.1.5 Applicant Lease Requirements 14 4.1.6 Identification 14 4.1.7 ConsentNerification Forms 14 4.1.8 Application Fee 14 4.1.9 Other Information 14 4.2 APPLICANT LEASE REQUIREMENTS 15 4.2.1 Age Requirements 15 4.2.2 Income HistoryNerification 15 4.2.3 Self -Employment 15 4.2.4 Lease Income Requirement 15 6121200e1104AM 1 RESOLUTION NO. HA-38 4.2.5 Rental History 15 4.2.6 Credit Requirements 15 4.2.7 Criminal Background 15 4.3 AFFORD QUALIFICATION REQUIREMENTS 15 4.3.1 Household Income Criteria 15 4.3.2 No Ownership in Real Property or Mobilehomes 16 4.3.3 Certification and Recertification of Eligibility 16 4.3.4 Proof of Income 16 4.3.5 Changes in Income 16 4.3.6 Primary Residence Requirement 16 4.3.7 Other Housing Assistance 16 4.4 CREDIT CHECKS, BACKGROUND CHECKS, AND DOCUMENTATION VERIFICATIONS 16 4.4.1 Application Certifications and Verifications 16 4.4.1 a Authorization for Release of Information Form 16 4.4.1 b Application and/or Tenant Income Certification 16 4.4.1c Eligibility Requirements 16 4.4.1 d Applicant/Resident Certification 16 4.4.1e Residence HistoryNerification Form 17 4.4.1f Verification of Non -Receipt of Child Support 17 4.4.1g Verification of Alimony/Family Support 17 4.4.1 h Other Certification or Verification 17 4.4.2 Credit Reports/Background Checks 17 4.5 ADDITIONAL DOCUMENT SUBMITTAL 18 4.6 APPLICATION ACCURACY 18 4.7 APPLICATION APPROVAL/DENIAL 18 5.0 LEASING POLICIES AND PROCEDURES 19 5.1 RESIDENTIAL LEASE AND ADDENDUMS 19 5.2 LEASE DEPOSITS 20 5.3 LEASE PAYMENTS AND LATE CHARGES 20 5.4 LEASE AMENDMENTS 21 5.5 LEASE MODIFICATIONS 21 5.6 PRE -OCCUPANCY INSPECTION 21 5.7 RENTAL RATES 21 5.7.1 Setting Rental Rates 21 5.7.2 Rental Rents Based on Standard Occupancy 21 5.7.3 Household Rent 21 5.8 MAINTENANCE AND ENTRY TO RESTRICTED UNITS 21 5.9 LEASE RENEWALS 22 5.10 NO SUBLETTING 22 5.11 LIVE-IN AIDES 22 5.12 PETS 22 6.0 RECERTIFICATION REQUIREMENTS 23 6.1 REQUIRED ANNUAL RECERTIFICATION 23 6.1.1 Recertification Appointments 23 6.1.2 Recertification Documentation 23 6.1.3 Annual Recertification Confirmation as a Qualified Household 24 6.2 CIRCUMSTANTIAL OR INTERIM RECERTIFICATION 24 6.2.1 Changes in Household Size 24 6.2.2 Change of Household Income 24 6.3 TEMPORARY RECERTIFICATION 24 6.4 ANNUAL INSPECTIONS 24 6.5 FALSE STATEMENTS AND WILLFUL OMISSIONS 24 6,212006 11 04 AM 2 RERSOLUTION NO. HA-38 7.0 TERMINATION OF TENANCIES AND MOVE -OUT PROCEDURES 25 7.1 TERMINATION OF TENANCIES OTHER THAN BY EVICTION 25 7.1.1 End of Lease Term 25 7.1.2 During a Lease Term 25 7.1.3 Notices to Vacate for Termination of Tenancies Other than by Eviction 25 7.1.3a Tenant Notices to Vacate 25 7.1.3b Management Notices to Vacate 25 7.1.4 Move -out Procedures 25 7.1.4a Notice of Option to Request an Initial Inspection 25 7.1.4b Scheduling the Initial Move -out Inspection 26 7.1.4c Opting Out of a Pre -Inspection 26 7.1.4d Inspection Exceptions 26 7.1.4e Inspection Findings 26 7.1.4f Final Inspection 26 7.1.5 Maintenance and Repairs Necessary Due to Impending Move -out 26 7.2 TERMINATION OF TENANCY THROUGH TO EVICTION 26 7.2.1 Reasons for Eviction 26 7.2.1a Violations of the Lease 26 7.2.1 b Non -Payment of Rent 27 7.2.1c Misrepresentation of Eligibility Under the Plan 27 7.2.2 Eviction Process 27 7.2.2a Eviction Notice 27 7.2.2b Verification of Occupancy 27 7.2.2c Unlawful Detainer 27 7.3 REFUND OF SECURITY DEPOSIT 27 7.3.1 Notification of Itemized Security Deposit Disposition 27 7.3.2 Tenant's Entitlement to Security Deposit 27 8.0 GRIEVANCE PROCESS 28 8.1 GRIEVANCE APPLICABLITY 28 8.2 GRIEVANCES 28 8.2.1 Informal Grievance 28 8.2.2 Informal Hearing 28 8.2.2 Unresolved Grievances 29 EXHIBITS EXHIBIT A 30 EXHIBIT B 31 EXHIBIT C 33 EXHIBIT D 34 EXHIBIT E 37 EXHIBIT F 38 en120081 > 04 AM 3 RESOLUTION NO. HA-38 ABOUT THE AUTHORITY "The mission of the Palm Desert Housing Authority is to serve the citizens of Palm Desert by providing decent, safe, sanitary, and affordable housing to qualifying households whose incomes are very low to moderate including public -private partnerships." The Palm Desert Housing Authority (Authority) was established in December of 1997 to operate certain affordable rental properties located in Palm Desert that the Palm Desert Redevelopment Agency (Agency) acquired from the Riverside County Housing Authority (RCHA). Prior to the Agency's acquisition, the RCHA owned and operated the 725 affordable units for Palm Desert. The Authority now operates over 1,000 affordable rental units that are owned by the Agency. The income levels range from very low (20% of the Area Median Income) to moderate (up to 120% of the Area Median Income) with rents ranging from $120 to $990. The City Council members were appointed as commissioners to the Authority Board. The Authority Board created and established a Housing Commission comprised of members of the community to review and advise on matters to come before the Authority Board. Palm Desert's commitment to provide affordable housing is evidenced by the blend of for -sale single-family homes, senior, and multi -family rental units that comprise its portfolio. Palm Desert continues to be a leader among the desert communities in the development of affordable housing and utilizes a number of funding sources including tax-exempt bonds, 20 percent tax increment set - aside, housing mitigation funds and net operating income from the Authority Properties. In addition to the affordable units owned by the Agency, both the City of Palm Desert (City) and the Agency have provided Incentives in various forms, such as land donations, down payment assistance, silent deeds of trust, density bonuses, and loans to developers that dedicate units as affordable. Currently there are over 600 units provided by developers or non-profit organizations using one of these incentives. The Authority also works hand in hand with the City toward sustaining the goals and policies contained in the City's approved Housing Element: Goal 1: A variety of housing types that meet all the needs of all income groups within the City. Goal 2: The preservation and maintenance of the supply of high quality affordable housing in the City. Palm Desert's affordable housing programs are successful in part because of the solid foundation of policies, procedures and regulatory provisions that have been established. Our rental properties as well as our for -sale housing programs have guidelines that provide for all residents to be treated fairly under fair housing laws, and equitably based on income and family size. The rental properties, through a coordinated effort with staff, are managed by a contracted professional property management company in accordance with this Administrative Plan. The policies, guidelines and standards set forth in this Administrative Plan shall apply to rental properties owned, operated or controlled by the Authority and the Agency, and are intended to encourage, maintain and preserve the supply of affordable housing in the City, the condition of affordable housing in the City, and the level of compatibility within the community that is expected by the City Council, Agency Board and the Authority Board. NOTICE: This Plan is intended to eslab/sh policies where the Authority/Agency has discretion under the applicable law. This Plan does not purport to change any of the requirements of Federal or State Law. In the event any discrepancy between this Plan and applicable law, the law will prevail. 6/2/2008 1104 AM 1 $ SOtrayve it NO. HA-38 Section 1. DEFINITIONS Section 1 Definitions Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. Code Sections or statutes that are referenced herein may be amended from time to time and shall be subject to the then current law unless stated otherwise. Adjusted for Family Size - shall mean a standardized household size for the purposes of renting units appropriate for family size pursuant to Health and Safety Code Section 50052.5, which is one person in the case of a studio unit, two persons in the case of a one - bedroom unit, three persons in the case of a two -bedroom unit, four persons in the case of a three -bedroom unit, and five persons in the case of a four -bedroom unit. Affordable Housing Cost - shall mean a housing cost, as defined by Title 25 CCR Section 6920, which is calculated pursuant to California Health and Safety Code Section 50052.5, as such regulations may be amended from time to time. Agency - shall mean the Palm Desert Redevelopment Agency. AMI - shall mean the Area Median Income for Riverside -San Bemardino Metropolitan Statistical Area (SMSA), as determined and published annually by the United States Department of Housing and Urban Development ("HUD"), pursuant to Califomia Health and Safety Code Section 50093, and the regulations promulgated thereunder, or if such agency shall cease to publish such an index, then any comparable index published by any other federal or state agency which is approved by the Agency. The AMI shall be adjusted for family size in accordance with state regulations adopted pursuant to California Health and Safety Code Section 50052.5, as amended from time to time. Applicant - shall mean a person or household that desires to apply for tenancy at an Agency/Authority Property. See also: Interested Household, Wait List Eligible Household, and Qualified Household. Assets - see Household Assets. Authority - shall mean the Palm Desert Housing Authority. Authority Board - shall mean the five members who serve on the Palm Desert City Council, which is the goveming body for the Authority. Caretaker - see Live-in Aide. CCR - shall mean the Califomia Code of Regulations. Child - see Minor. Child Care Expenses - shall mean a reasonable amount paid by the household for the care of minors under 13 years of age where such care is necessary to enable a family member to be employed. IMO IMO - shall mean the City of Palm Desert. rr Management and Operations - Rental Units Effective 7-1-08 2 RESOLUTION NO. HA-38 Administrative Plan Section 1 Definitions City Manager - shalt mean the City Manager for the City of Palm Desert. County - shall mean the County of Riverside, California. Disability - shall mean a physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or being regarded as having such an impairment, as such terms are defined by, and interpreted in accordance with, the Americans with Disabilities Act. Disability Program Participant - shall mean a household member who has been determined by the Commissioner of Social Security to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that has lasted or can be expected to last for a continuous period of not less than 12 months or as more particularly defined under Section 223 of the Social Security Act. Elderly Household - shall mean a Household that consists of one or two persons, one of which is over the age of 55, or otherwise is qualified in accordance with Califomia Civil Code Section 51.11. Exceptional medical or other expenses - shall mean medical expenses, and/or unusual expenses, as defined in this section, which exceed twenty-five percent (25%) of the gross annual income. Executive Director - shall mean the Executive Director of the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority. Family - shall also mean 'Household' within the Plan unless otherwise stated. See also Household. Grievance - A tenant's or applicant's right to seek review of a decision from an impartial panel conceming management's action or failure to act in accordance with the individual tenant's lease or the Authority's policy and procedures herein described that adversely affect the individual's rights, duties, welfare, or status. HCD - shall mean the Department of Housing and Community Development for the State of California. HOME funds - shall mean monies allocated under a block grant funding program made available through HUD through allocations and reallocations, to strengthen public -private partnerships and to expand the supply of decent, safe, sanitary and affordable housing with target emphasis on very low-income and low-income families in accordance with the HOME Investment Partnerships Program Final Rule - 24 CFR Part 92. Household - shall mean one or more persons intending to occupy or occupying the same restricted unit, as more particularly described in the Authority's Resolution No. 22. Household shall also mean 'Family' within the Plan unless otherwise stated. Household Assets - shall mean those assets defined under Title 25 CCR Section 6914 includable as monthly income as prescribed therein. HUD - shall mean the U.S. Department of Housing and Urban Development. Management and Operations - Rental Units Effective 7-1-08 3 RESOLUTION NO. HA-38 Administrative Plan Section 1 Definitions Income - shall mean income that a person or household has received or is expected to receive as more particularly categorized and described below: Annual Income - The anticipated total annual income of a household from all sources for the 12-month period following the date of determination of income, computed in accordance with Title 25. Household Income - shall mean the total of all income received by a household which is included under Title 25 CCR Section 6914 less deductions and exemptions specified therein. Gross Income - shall have the meaning ascribed to such term in Title 25 CCR Section 6914, as such regulations may be amended from time to time. Maximum Household Income - shall mean the household income calculated based on family size that may be equal to but does not exceed 120 percent of AMI. Household incomes exceeding 120 percent will not be eligible for the Agency's or Authority's programs. Net Income - For the purpose of determining affordable housing cost or affordable rent, - • "net income" shall be computed as follows: the annual gross income less $300 for each minor and medical expenses which exceed 3 percent of the annual gross income and unusual expenses, all divided by 12. For the purposes of this Plan, "Income" shall not include the income of Live -In Aides. Income by Unit Allocation - shall mean the allocation provided by the Authority to the property manager for the purposes of blending the qualified household and tenant incomes among the properties. Income Cateaory - shall mean the average income percentages within each income level. In the case of Very Low Income shall include household incomes from 20 percent up to 50 percent in the following categories: 20, 25, 30, 35, 40, 45 up to 50 percent; in the case of Low Income shall include household incomes from 51 percent up to 80 percent in the following categories: 55, 60, 65, 70, 75, 80; and in the case of Moderate Income shall include household incomes from 81 percent up to 120 percent as one category. Income Level - shall mean a household determined by income to be either very low, low or moderate income pursuant to the definitions prescribed herein. Interested Households - shall mean a person or household that desires to apply for tenancy at a Property that contains restricted units. See also: Applicant. Jurisdiction - shall mean the legal jurisdiction of the Authority, which is the city limits of Palm Desert. Live-in Aide - shall mean a person who resides with one or more elderly persons or persons with disabilities, who is not a relative or spouse of any person in the household, and has been determined by the Authority that the supportive services to be provided are essential to the care and well-being of such elderly person or person with disabilities. Low Income Household - shall mean persons and families meeting the income qualification limits set forth in California Health and Safety Code Section 50079.5 and Title 25 of the California Code of Regulations Section 6910, et seq., as the case or context may require, as such statutes and regulations may be amended from time to time. Management and Operations - Rental Units Effective 7-1-08 4 RESOLUTION NO. HA-38 Administrative Plan Section 1 Definitions Manaaer - shall mean the contracted property management company for the Authority. Medical Expenses - shall mean those medical expenses not included as extraordinary or unusual expenses, which are to be anticipated during the 12-month period for which the gross income is computed, and which are not covered by insurance (however, premiums for such insurance may be included as medical expenses). Medical expenses defined herein shall be deducted for qualified disabled persons and elderly households only. Minor - shall mean a member of the household other than the head of household or spouse, who is under 18 years of age. Moderate Income Household - shall mean persons and families meeting the income qualification limits set forth in Califomia Health and Safety Code Section 50093 and Title 25 of the Califomia Code of Regulations Section 6910, et seq., as the case or context may require, as such statutes and regulations may be amended from time to time. Notice of Denial - shall mean the notice provided to the household when it is ineligible, not qualified or is no longer qualified. Plan - shall mean this Administrative Plan (also referred to as The Plan). Public Housino Aaencv - shall mean any State, County, municipal or other government entity or public body (or agency or instrumentality thereof) that is authorized to engage in or assist in the development or operation of housing for very low, low, or moderate income households. Qualified Household - A person or household whose total household income does not exceed the limits established by the Plan and who have provided documentation as required herein to demonstrate he, she or it is qualified to occupy a restricted unit. RCHA - shall mean Riverside County Housing Authority. Property - shall mean a multi -family or senior residential apartment complex, or any part thereof, that is owned, operated or controlled by the Agency or Authority, including but not limited to those properties listed in Exhibit A. Property Manager - The manager assigned by the Manager for day-to-day operations for a specific affordable residential property. Rent - shall mean the amount charged as a fee for occupancy for a particular restricted unit pursuant to Resolution HA-32 and categorized below: Affordable Rent - shall mean rent calculated in accordance with Health and Safety Code Section 50053 for a very low, low or moderate -income household. Affordable rent shall include a reasonable allowance for utilities. Maximum Rent - shall mean the maximum rental rate set for a particular type of unit at a specific Property, without regard to utility allowance, based on a bi-annual market survey. Such rate shall be adjusted in the non -surveyed year by the AMI Management and Operations - Rental Units Effective 7-1-08 5 RESOLUTION NO. HA-38 Administrative Plan Section 1 Definitions percentage change as more particularly described in Resolution No. 32 adopted August 24, 2006 or any amendments thereto. Tenant Rent - Tenant Rent is the total monthly tenant payment to the Authority as determined by certification, recertification, or outside assistance. Tenant Rent may or may not be the total paid as Unit Rent for a particular unit. Unit Rent - shall mean the total rent charged for a particular Agency or Authority owned, operated or controlled unit, including those amounts accepted from a third party for the purposes of rental assistance or housing expense. Rent Burdened - shall mean a household that is paying more than thirty (30%) percent of household income for rent and utilities. Restricted units - shall mean an affordable housing unit that is owned, operated or controlled by the Agency or Authority. Senior - shall mean a person who is at least 55 years of age or older. Tenant - shall mean a person or household that has signed a residential lease to occupy or is currently occupying a restricted unit. Title 25 - shall mean Title 25 of the California Code of Regulations Section 6910, et seq., as it pertains to income and household size for households whose income is very low, low or moderate, as may be amended from time to time. Unusual expenses - shall mean amounts paid by the household for the care of minors under 13 years of age or for the care of disabled or handicapped family household members, but only where such care is necessary to enable a family member to be gainfully employed, and the amount allowable as unusual expenses shall not exceed the amount of income from such employment. Utilities - shall include electricity, gas, other heating (hot water heat), refrigeration and cooking fuels not paid by the Agency or Authority. Utilities may include water, trash and sewer if not paid by the Agency or Authority. Telephone, Cable, Digital Services and Internet Connection costs are not included as utilities. Utility Allowance - The amount equal to the estimate established by the RCHA under Part 965 of the Code of Federal Regulations of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy -conservative household consistent with the requirements of a safe, sanitary, and healthful living environment applicable for each unit type and equipment. See Exhibit C. Veteran - A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released there from under conditions other than dishonorable. Very Low Income Household - shall mean persons and families meeting the income qualification limits set forth in Califomia Health and Safety Code Section 50105 and Title 25 of the California Code of Regulations Section 6910, et seq., as the case or context Management and Operations - Rental Units Effective 7-1-08 6 RESOLUTION NO. HA-38 Administrative Plan Section 1 Definitions may require, as such statutes and regulations may be amended from provided, however, that such income is at least 20 percent of AMI. Wait List Eliaible Households - shall mean persons and families who have documentation and/or information required demonstrating that they meet eligibility requirements to be placed on a waiting list. (See Section 3.3) time to time; provided the the minimum Management and Operations - Rental Units Effective 7-1-08 7 RESOLUTION NO. HA-38 Administrative Plan Section 2 About The Plan Section 2. ABOUT THE PLAN Section 2.1 PURPOSE OF THE PLAN. The purpose of the Administrative Plan (the Plan) is to establish program guidelines, policies and procedures as they pertain to Agency/Authority owned, operated or controlled properties. This plan serves as the management plan for the rental, improvement, preservation, maintenance and affordability of Agency/Authority restricted units. Section 2.2 APPLICABILITY OF THE PLAN. The Plan shall apply to all members of interested households, wait list eligible households, qualified households, applicants and tenants applying for or residing in properties identified in Exhibit "A" and any others that may be controlled by the Agency or Authority from time to time. Unless otherwise specified in the Federal or State funding guidelines, the processes outlined herein shall also apply to the tenants occupying an Authority unit who receive Federal or State funding either directly or indirectly. Federal and State laws shall prevail in the event the policies and processes set forth herein are inconsistent with any existing or enacted applicable law. Section 2.3 ADMINISTRATOR OF THE PLAN. The administrator of the Plan shall be the Palm Desert Housing Authority regardless of funding source or ownership of the restricted units. The Executive Director of the Authority shall have the authority to implement and administer the Plan in accordance with the terms herein. In matters where the Authority has discretion, waivers of existing policy shall be determined by the Executive Director or his or her designee. It is understood that references to either the Agency or the Authority in the Plan shall mean both entities unless clearly stated otherwise. Section 2.4 FISCAL RESPONSIBILITIES. Before the beginning of each fiscal year or as soon as possible after an acquisition of property, the Authority Board will adopt the property budget. The budget will include a projection of revenue and all expenditures including professional property management fees prior to being expended. A written request to the Finance Director of the City will be required to 'carry over' and unused capital and replacement expense budget amounts from a prior year. The Authority will follow procurement procedures in accordance with applicable law. Section 2.5 EQUAL OPPORTUNITY. It is the policy of the Agency, the Authority and it's agents to comply fully with ali federal, state, and local anti -discrimination laws, including but not limited to Title VI of the Civil Rights Act of 1964; Title VIII and Section 3 of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974); Executive Order 11063 as strengthened by Congress in 1992; the Fair Housing Act of 1968, as amended; the Age Discrimination Act of 1975; the Americans with Disabilities Act (ADA) of 1990; and the U.S. Department of Housing and Urban Development regulations goveming fair housing and equal opportunity; and any legislation protecting the individual rights of residents, applicants or staff which may be subsequently enacted. It is the Authority's policy to post required notices in conspicuous, public locations throughout the property as required by such notice. It is the Authority's policy to ensure meaningful access to limited English proficient (LEP) persons. The Authority may translate certain documents related to the Plan as well as those required by law to assist persons with LEP. Notwithstanding this provision, the English version of all documents signed by the tenant will govem. Reasonable, necessary steps will be Management and Operations - Rental Units Effective 7-1-08 8 RESOLUTION NO. HA-38 Administrative Plan Section 2 About The Plan established by the Manager in order to make certain that no eligible person has their assistance denied, decreased or terminated simply because they face challenges communicating in English. Section 2.6 PROPERTIES. Properties include those properties currently operated by the Authority, listed in Exhibit "A" as well as any property or development that comes under the direction, control or is acquired by the Agency or Authority. Each of the properties has its own design, decor, personality and sense of community. Each of the properties may from time to time have resident programs or outside services including coin operated laundry facilities, health screenings, low cost immunizations, or licensed childcare facilities. Services vary by location and are provided by an outside service provider qualified to offer such services and are not contracted for by the Authority or the Manager. Information on these outside services may be obtained from the Manager. Those properties designated as senior serve only elderly households. All other properties operated by the Authority are to be open and made available to all qualified households. Management and Operations - Rental Units Effective 7-1-08 9 RESOLUTION NO. HA-38 Administrative Plan Section 3 Tenant Selection Waiting List Procedures Section 3. TENANT SELECTION AND WAITING LIST PROCEDURES The Authority has found that demands for its affordable rental housing exceed supply. In order to identify households that have interest in restricted units, waiting lists will be established for each property as herein described. Wait List Eligible Households will be assigned a position on the waiting list by income category and household size. Section 3.1 WAITING LIST INTEREST REGISTRATION FORM. All Interested Households must complete an interest registration form referred to as a "Guest Card". The purpose of the form is to allow the Authority to determine placement on the waiting list based on the information provided by the Interested Household. Interest registration forms will be accepted by phone, by mail, by physical delivery to the individual property management office. Section 3.2 ESTABLISHMENT OF WAITING LISTS. Waiting lists will be maintained for each property for each Income Category at or below 120% of the County median. Waiting lists for transfers will also be maintained for each property in accordance with this Section 3. Section 3.3 ELIGIBILITY FOR WAITING LIST. In order for an Interested Household to become a Wait List Eligible Household and be placed on the waiting list, the Interested Household must meet income eligibility requirements based on the AMI for Riverside County. The Interested Household will also be required to meet additional permissible criteria established by the Authority pursuant to Title 25 that include but are not limited to the following: Section 3.3.1 Must provide income and assets for all household members over the age of 18 (except for Live -In Aides), which in aggregate does not exceed Maximum Household Income. Section 3.3.2 Must provide names and ages of all household members. Section 3.3.3 Must disclose any allowable preferences at time of interest. Section 3.3.4 Current address and contact information. Section 3.4 PLACEMENT ON THE WAITING LIST. All Wait List Eligible Households will be placed on the appropriate affordable waiting list according to allowable preferences, current income, and in the date/time order in which applications are received. Wait List Eligible Households must update the information provided to the manager as necessary during the wait list period in order to remain a Wait List Eligible Household. Section 3.5 NOTIFICATION OF AVAILABLE UNIT. Once the Manager identifies a restricted unit that will become available, Wait List Eligible Households will be notified by U.S. mail and upon request, telephone and will be given 10 days from the date of mailing of notice to respond to the Manager. Wait List Eligible Households will be notified by telephone (as a courtesy) if only a telephone number is provided. Failure of the Wait List Eligible Household to respond within the above time frame above will result in removal from the waiting list. In accordance with this Section, it is the Wait List Eligible Household's responsibility to keep the waiting list information current at all times. In the event contact is not possible due to insufficient or out of date information on file, the Wait List Eligible Household will no longer be deemed 'eligible' and will be removed from the waiting list without further notice. Management and Operations - Rental Units Effective 7-1-08 10 RESOLUTION NO. HA-38 Administrative Plan Section 3 Tenant Selection Waiting List Procedures Section 3.6 NOTIFICATION BY WAIT LIST ELIGIBLE HOUSEHOLD OF INCOME OR HOUSEHOLD CHANGES. During the wait list period, any changes to the information provided by the Wait List Eligible Household must be provided to the property manager of the individual property to ensure its placement on the waiting list under the correct income category. At the time the updated information is provided, if the revised household income changes the income category for the Wait List Eligible Household but remains under 120% of the AMI, the household will remain 'eligible' but will be placed at the 'bottom' of the new income category list and notified of the change. Section 3.7 WAITING LIST MAINTENANCE AND NOTIFICATION OF CONTINUED INTEREST. Applicants on the waiting list shall confirm every two years that all information is current and timely. The Wait List Eligible Household must notify the individual property management office within 10 calendar days (but not more than 60 calendar days) prior to the two-year anniversary of placement on the list, that the household wishes to remain on the list (continued interest). Failure to notify the property management office within the time frame will result in removal from the waiting list. The Wait List Eligible Households will not be removed from waiting list unless: the household has been on the waiting list for two years and has not declared its continued interest in the program; the household fails to respond to a written request for information; the household fails to keep the information current making contact by the property management office not possible; the household misses a scheduled appointment without prior notification to reschedule; the household requests in writing that the household's name be removed; the household's income or family size has exceeded the limits of the program; or any information or documentation that deems a Wait List Eligible Household to be ineligible (includes the lack of documentation proving eligibility). Section 3.8 ALL UNITS ARE AFFORDABLE. No units owned or operated by the Agency or Authority will be intentionally rented to families above moderate income as defined herein. In the event units are no longer required to be affordable, then the units that are identified as above moderate income, will be rented on a first come, first served basis regardless of income and family size, at the maximum rent as established by the Authority Resolution No. HA 32. Policies of the Plan apply to all tenants regardless of income or family size. Section 3.9 PREFERENCES. Each Wait List Eligible Household will be placed on the applicable affordable waiting list according to allowable preferences. Such preferences must be disclosed at such time as the interested Household has completed the interest registration form or upon eligibility for said preference, whichever occurs first. Section 3.10 SELECTION FROM THE WAIT LIST UPON UNIT AVAILABILITY. Notwithstanding Section 3.10.4 herein, when a vacancy occurs, a Wait List Eligible Household will be selected to apply as an Applicant for tenancy in the following manner: first from the appropriate income waiting list that satisfies the property's Income by Unit Allocation, then by household size appropriate for the unit in accordance with Authority Resolution HA-22. The household income of an Applicant at the time a restricted unit becomes available will be used to determine the appropriate income category for the Applicant. If at the time a restricted unit becomes available, the Applicant's income is different than the waiting list income category they are selected from, they will be returned to a 'Wait List Eligible Household' status and placed on the appropriate income category waiting list in accordance with the waiting list procedures. The household will be placed at the 'bottom' of the new income category list and notified of the change. Management and Operations - Rental Units Effective 7-1-08 11 RESOLUTION NO. HA-38 Administrative Plan Section 3 Tenant Selection Waiting List Procedures If there are no Wait List Eligible Households in the appropriate income category, the next Wait List Eligible Household will be selected from the next lower income category. Upon being selected to apply for tenancy the Applicant will then be required to complete the application process to determine whether they are a Qualified Household under the Plan as more particularly described in Section 4 and 5. Section 3.10.1 Property Income Composition and Income by Unit Allocation. From time to time the Authority may modify the tenant income composition of the property so as to not concentrate a higher percentage of one income level at one property. The Authority will select tenants by income in a manner to ensure decent, safe and sanitary housing and create a suitable living environment that fosters economic and social diversity in the tenant body as a whole by preparing an allocation for this purpose (Income by Unit Allocation). Section 3.10.2 Unit under/over utilization. To avoid overcrowding and prevent underutilization of restricted units, households will be selected in accordance with Agency Resolution No. 484, Authority Resolution No. HA-22, the "Policy on Occupancy Standards." Section 3.10.3 Offer and Acceptance of a Restricted Unit. Once an Applicant is deemed a Qualified Household, the household will be offered an available restricted unit appropriate for the household composition. The Qualified Household has an option to accept or decline the restricted unit, one time, without any effect on its position on the waiting list. A Qualified Household that declines more than one restricted unit will be removed from the waiting list, except to the extent the Qualified Household declines due to a disability or other reasons protected by law. The Authority will take into consideration the needs of the individual household's based on family composition and Fair Housing guidelines when identifying restricted units that become available to the selected household. Upon acceptance of the restricted unit, the Qualified Household will be notified, by telephone and/or in writing of the anticipated date the restricted unit will be available for occupancy. Section 3.10.4 Unit Availability and Transfers. The type of unit that becomes available will determine whether the next Wait List Eligible Household is selected or other special accommodation is made including an existing tenant transfer. Emergency Transfers will have first priority. Disabled Person Accommodations, Required transfers and Medical transfers will have priority in that respective order. Requested transfers will be added to the bottom of the appropriate waiting list unless the request is being considered both by management and the tenant for purposes of mutual benefit to the parties. 3.10.4.a. Emeraencv Transfer: A transfer of an existing tenant that is necessary due to an emergency condition. Emergency conditions are generally life safety issues that require immediate vacation of the restricted unit. Management and Operations - Rental Units Effective 7-1-08 12 RESOLUTION NO. HA-38 Administrative Plan Section 3 Tenant Selection Waiting List Procedures 3.10.4.b. Disabled Person Accommodation: A reasonable accommodation made in accordance with the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973, the Fair Housing Act or applicable state disability law. 3.10.4.c. Reauired Transfer: A transfer that is necessary when a tenant's unit is no longer suitable in accordance with the Authority 's occupancy standards. 3.10.4.d. Medical Transfer: A transfers that is necessary when a tenant provides a verifiable medical reason for such transfer. 3.10.4.e. Reauested Transfers: A transfer that is requested by an existing tenant for reasons of benefit to the tenant alone other than the reasons in Sections 3.10.4 a. through d. above. Section 3.11 Conflicts Prohibited. No person who is employed by the Authority, the Agency or the City and who exercises functions or responsibilities with respect to the Properties or programs governed by this Plan, or any person with business or family relationships with such a person, may, during the period of employment and for one year thereafter, apply for or occupy a restricted unit in the Properties or obtain any other benefit under the programs govemed by this Plan. Management and Operations - Rental Units Effective 7-1-08 13 RESOLUTION NO. HA-38 Administrative Plan Section 4 Applications and Household Qualifications A Section 4. APPLICATIONS AND HOUSEHOLD QUALIFICATION ... Once a Wait List Eligible Household is selected as an Applicant in accordance with Section 3, the Applicant must submit a completed application in the form acceptable to the Manager that includes the requirements, documentation, verifications, authorizations and certifications required by this Section. Section 4.1 APPLICATION. The completed application will require that the Applicant provide the following: Section 4.1.1 Contact Information. Current address and contact information for the Applicant. Section 4.1.2 Income. Income information for all household members over the age of 18 (except for Live -In Aides), which includes but is not limited to tax retums, pay stubs, bank statements, unemployment earnings statements, and disability or social security eamings statements. Section 4.1.3 Assets. Asset information for all household members over the age of 18 (except for Live -In Aides) which includes but is not limited to any interest in real property other than a primary residence, savings accounts, stocks, bonds, and other forms of capital investments. Section 4.1.4 Affordable Requirements. Must provide necessary documentation to verify affordable criteria has been met by all household members in accordance with Section 4.3. Section 4.1.5 Applicant Lease Requirements. Must provide necessary documentation to verify applicant lease requirements have been met by all household members in accordance with Section 4.2. Section 4.1.6 Identification. All members of the household must provide proof of identification, birth documents for each family member, a current driver's license, or equivalent, for copying. Section 4.1.7 Consent Verification Forms. Authorization and/or signed consent forms to verify or obtain income, assets, tenant history, background checks (including criminal) and credit reports for all household members over the age of 18. All household members who authorize release of information or background checks have the right to privacy in accordance with federal law. Section 4.1.8 Application Fee. One $30.00 non-refundable application fee is required for each Applicant except as provided in that certain Stipulation for Entry of Judgment, Riverside County Superior Court Case No. INDIO 51124. Section 4.1.9 Other Information. Any other information deemed necessary by the Authority to determine eligibility. Management and Operations - Rental Units Effective 7-1-08 14 MO .r RESOLUTION NO. HA-38 Administrative Plan Section 4 Applications and Household Qualifications Section 4.2 APPLICANT LEASE REQUIREMENTS. The following lease requirements will apply to all members of Interested Households, Wait List Eligible Households, and Applicants: Section 4.2.1 Age Reauirements. Lease holders) must be 18 years or older. All occupants 18 years or older (except for Live -In Aides) must sign the lease for the restricted unit and comply with all requirements of the Plan. Section 4.2.2 Income HistorvNerification. Except for retired persons, Disability Program Participants or other persons receiving similar governmental assistance or lease holder(s) must be employed by current employer for at least one full year or have been employed with prior employer for a minimum of one full year and must provide one month of pay stubs for income verification. Section 4.2.3 Self -Employment. Lease holder(s) that are self-employed must provide copy of previous year's personal tax retums and copies of personal bank statements for the three months prior to date of the lease. Section 4.2.4 Lease Income Requirement. Notwithstanding income requirements in Section 4.3.1 income must be at least 2 '/z times the rental rate for the restricted unit in order to be considered for occupancy. Section 4.2.5 Rental History. Must provide 1 to 3 years of verifiable rental history from a property management company, real estate company or mortgage company. Private owner history will be accepted only if proof of payment can be fumished, i.e. canceled checks. Section 4.2.6 Credit Reauirements. Credit should be in good standing, with no outstanding judgments. Bankruptcies must be re-established for two years with strong employment and rental history. Bankruptcy must not include foreclosure on a home or amounts due from prior apartment rental. Section 4.2.7 Criminal Background. A state and nationwide criminal background check will be conducted for every household member over 18, to ensure that applicants meet minimum criteria in accordance with Exhibit B. The Authority has a zero tolerance policy for drug -related activity and violent criminal activity. Any conviction for criminal, violent behavior or drug activity is grounds for denial. Applications will also be denied for any activity that could prove to be detrimental to the health and safety or right to peaceful enjoyment of the other tenants. Section 4.3 AFFORDABLE QUALIFICATION REQUIREMENTS. All households must meet the affordable qualification requirements listed in this section as well as those requirements listed under the Applicant Lease Requirements section of this Plan in order to become a Qualified Household under this Plan. Section 4.3.1 Household Income Criteria. Households applying for tenancy in a restricted unit must have a household income (not including that of Live-in Aides) of not less than twenty percent (20%) of the AMI and not more than one hundred twenty percent (120%) of the AMI. Household incomes will be categorized as very low, low, or moderate pursuant to the definitions applied herein. Management and Operations - Rental Units Effective 7-1-08 15 RESOLUTION NO. HA-38 Administrative Plan Section 4 Applications and Household Qualifications Section 4.3.2 No Ownership in Real Property or Mobilehomes. No intended occupant of the restricted unit may have owned real property that includes a habitable dwelling unit within the last two years. The only allowable exception is where the applicant has filed court documents for dissolution of marriage or legal separation. Proof of the courts disposition as to the habitable dwelling unit will be required upon receipt by applicant. Proceeds from the sale of real property will be considered as part of the household's income pursuant to Title 25. Section 4.3.3 Certification And Recertification Of Eliaibilitv. Applicants and/or Tenants must agree to provide the documentation prior to lease signing and again prior to lease renewal to certify that the tenant household is eligible within these guidelines. Section 4.3.4 Proof Of Income. Proof of income is required of all occupants over the age of 18 (except for Live -In Aides]. Section 4.3.5 Chanaes In Income. Applicants and existing tenants must agree to notify management of any changes in income of more than 25% of certified income. Section 4.3.6 Primary Residence Requirement. Applicant must agree that the restricted unit will be the primary and sole residence of all occupants listed on the lease agreement. Section 4.3.7 Other Housina Assistance. Any intended occupants or households receiving other housing assistance must disclose the source and amount at time of application or immediately upon receipt of such assistance whichever occurs first. Tenant rent will be adjusted accordingly. Households covered by this section will follow the same policies and procedures to be placed on the wait list of affordable housing. Households covered by this section will be qualified based on the affordable criteria of the assistance provider but will be subject to the remainder of the Plan including Sections 5 and 6. Section 4.4 CREDIT CHECKS. BACKGROUND CHECKS. AND DOCUMENTATION VERIFICATIONS. Subject to the requirements of this Section, all household members over the age of 18 will be required to sign the documents below in order for the Manager to complete a review of the requirements of this Section. Section 4.4.1 Applicant Certifications and Verifications: 4.4.1.a. Authorization for Release of Information Form; 4.4.1.b. Application and/or Tenant Income Certification; 4.4.1.c. Certification that all prospective household members over the age of 18 have read and understand the eligibility requirements in this Plan; 4.4.1.d. Certification that all information is true and complete, that all changes in income and/or household composition will be reported, that all relevant prior housing assistance has been reported, and that the restricted unit will not be a duplicate residence, and acknowledging the potential for criminal and administration actions for false information; Management and Operations - Rental Units Effective 7-1-08 16 RESOLUTION NO. HA-38 Administrative Plan Section 4 Applications and Household Qualifications 4.4.1.e. Release of information at current or prior addresses for rental verification(s); 4.4.1.f Certification that no child support income is received or, for those who have an open case with Riverside County Child Support Services, certifying that all income from Child Support has been disclosed; 4.4.1.g. Verification that all Alimony/Family Support has been disclosed, when applicable; and 4.4.1.h And any other certification or verification form deemed necessary by the Manager to satisfy a requirement of this Plan. Section 4.4.2 Credit reports and background checks will be obtained for every family member aged 18 years or older in accordance with Exhibit B. Information provided in such reports will be used in determining eligibility for a restricted unit and any one or more of the following findings for any of the intended occupants will result in the denial of the rental application or continued tenancy: 4.4.2.a Amounts owed to any Public Housing Authority, Federal, State or Local housing assistance program. 4.4.2.b Fraud in connection with any Public Housing Authority, Federal, State, or Local housing assistance program. 4.4.2.c An eviction from any Agency property, Authority property, Public Housing Authority, a housing unit deemed 'affordable' in the City, or property by which the Agency, Authority or Public Housing Authority has or had control at the time of tenancy. 4.4.2.d An eviction from any rental housing. 4.4.2.e Any conviction for activity that would be a violation of the crime - free, drug -free housing policy of the Manager. 4.4.2.f A person who is subject to a lifetime registration requirement under a Federal, State or County sex offenders' registration program. Due to the location of restricted units near schools and playgrounds, a person subject to a registration requirement for a stated period of time will be denied during such registration period. 4.4.2.q Falsification of identification (includes but is not limited to: birth certificates, govemment issued identification or documents, identification cards or licenses, social security numbers or cards). 4.4.2.h Falsification or concealment of income, assets or documentation for the purpose of obtaining assistance. 4.4.2.i False statements or willful omissions made at any time during eligibility, qualification, the application process, or subsequent leasing and tenancy for the purpose of obtaining assistance. Management and Operations - Rental Units Effective 7-1-08 17 RESOLUTION NO. HA-38 Administrative Plan Section 4 Applications and Household Qualifications Section 4.5 ADDITIONAL DOCUMENT SUBMITTAL. Once the application has been submitted, any additional documents required by the Manager, must be submitted within ten (10) days or ten (10) days from the date the additional documents were requested whichever is later. If the Eligible Household is unable to obtain documents within specified time frame, an extension of ten (10) days may be requested. Failure of the household to provide, obtain or authorize necessary documentation or background checks will be cause for the application to be denied. After a denial pursuant to this section, the household would be required to contact the property manager and request that it be added to the bottom of the appropriate waiting list as an Interested Household. Section 4.6 APPLICATION ACCURACY. All information in the completed application is required to be as accurate as possible to prevent any discrepancies and/or cause a denial of application. This includes any requirements in this Section or the Plan. Section 4.7 APPLICATION APPROVAUDENIAL. Upon receipt of a completed application, the Manager will process the application including verifications of income(s), assets, tenant histories, background checks and credit reports. Upon satisfactory review of all documentation required by this Section, the Applicant will be notified via mail of approval for tenancy. If the application is approved, the household shall be deemed a Qualified Household. If the application is denied, the applicant shall receive written notice of ineligibility including the reasons for the denial, and shall have the right to appeal through the Grievance process in accordance with Section 8. Management and Operations — Rental Units Effective 7-1-08 18 RESOLUTION NO. HA-38 Administrative Plan Section 5 Leasing Policies and Procedures Section 5. LEASING POLICIES AND PROCEDURES The Authority operates the restricted units with leasing standards that will ensure the continued success of our affordable programs as well as comply with fair housing laws. The Authority and its representatives, including management company personnel, will not discriminate against any person on the basis of race, creed, color, sex, religion, national origin, familial status, sexual orientation, political beliefs, disability or handicap. Prior to admission into a unit, all adult household members that will be residing in the unit must sign a lease. Section 5.1 RESIDENTIAL LEASE AND ADDENDUMS. Once an Applicant becomes a Qualified Household, a residential lease will be signed by the household members required under Section 4. The residential lease may include addendums that satisfy the requirements of this Section and will be considered a part of the residential lease. No tenant will occupy a unit without an executed residential lease. Only at such time as the lease is fully executed will it become enforceable. The residential lease will include the following information: Section 5.1.1 Effective Dates or Term of the Lease Section 5.1.2 Parties to the Lease: all occupants listed and designated as adults or minors Section 5.1.3 The unit location or apartment number Section 5.1.4 The maximum occupancy Section 5.1.5 The terms including but not limited to: the rental rate and date due, late charges, returned check charges, methods of payments, location where rental payments are accepted, prorations, deposit requirements and allowable uses, cable cost, gate access, utility payment requirements or adjustments, assigned parking space designations and any rent incentives in effect. Section 5.1.6 The policies of the property as updated from time to time, also known as the House Rules and Regulations, will include but not be limited to: Noise Personal property responsibility Waterbeds Liabilities Housekeeping Cnme/drug free housing Plumbing Use of patio/balconies Damage Appliance agreements Vehicles and vehicle parking Satellite dish and/or antennas Security Pet or Companion Animal Policy Lockout policy Absences from the restricted unit in Guest and Visitor occupancies excess of three (3) weeks including Amenity Area guidelines vacations, military duty. medical Apartment condition, alterations, conditions or to care for a family and damages member not residing at the unit Subletting. Assigning. Subleasing due to serious illness Unit inspections Management and Operations — Rental Units Effective 7-1-08 19 RESOLUTION NO. HA-38 Administrative Plan Section 5 Leasing Policies and Procedures Tenants and all members of the household over the age of 18 will be required to acknowledge receipt of such Rules. The Manager will notify tenants of any violations of property rules, regulations and all other violations of tenant leases in writing, and where applicable noticed in accordance with applicable law covering such a violation. Section 5.1.7 The policies and regulations regarding notices for vacating. Section 5.1.8 The policies with regard to condemnation. Section 5.1.9 The policies regarding attorney's fees and costs. Section 5.1.10 Notice of applicable laws, i.e., Megan's law, Lead -Based Paint, Mold, etc. Section 5.1.11 Policies imposed as a part of participating in the Authority's affordable housing program, if applicable (i.e., annual recertification requirements). Section 5.1.12 Policies on Maintenance and entry to restricted units, smoke detector/alarm responsibilities, and definitions of normal wear and tear. Section 5.1.13 Policies on Standard Maintenance and Emergency Repairs. Section 5.1.14 Policies on Insurance for Renters and Personal Property. Section 5.1.15 Signatures of Tenant (and all members required to sign) and Owner or Owner's Agent. Section 5.2 LEASE DEPOSITS. Balance of deposit, move -in prorates and the first full month of rent must be in the form of a money order or cashier's check. Section 5.3 LEASE PAYMENTS AND LATE CHARGES. All payments for rent and late charges will be paid at a location slated in the Residential Lease. Section 5.3.1 Rent is Due on the 1" of each month. Section 5.3.2 Rent is late after the close of business on the 5th at 5:00 p.m. PST unless otherwise provided in the lease agreement. Section 5.3.3 Late fees will be imposed at 5:01 p.m. PST on the 5`h of each month. Section 5.3.4 All payments of rent, late charges, attorneys fees, cable or any other payments made to management offices are to be made by personal check*, money order, or cashier's checks directly to the management office. NO CASH Management and Operations - Rental Units Effective 7-1-08 20 RESOLUTION NO. HA-38 Administrative Plan Section 5 Leasing Policies and Procedures PAYMENTS FOR RENT WILL BE ACCEPTED except for a Three (3) Day Pay or Quit payment. Section 5.3.5 Payments will be accepted at the location stated in the residential lease, unless notified in writing by the Manager of an altemate acceptable location ten (10) days prior to rent due date. "Personal checks will be accepted so long as there have been no checks returned for non -sufficient funds in the previous 12 months. Section 5.4 LEASE AMENDMENTS. All amendments to leases must be in writing and signed by both parties. Oral agreements or modifications will not be enforceable and shall be void unless written and signed by both parties at the time of agreement. Section 5.5 LEASE MODIFICATIONS. Lease modifications will be made to the residential lease form as necessary to accommodate any changes of the affordable program, clarification to policies or applicable laws. Section 5.6 PRE -OCCUPANCY INSPECTION. An authorized representative of the Manager and an adult member of the household will inspect premises prior to commencement of occupancy. A move -in inspection form indicating conditions of premises will be made, signed, and filed in applicant file. Section 5.7 RENTAL RATES Section 5.7.1 Setting Rental Rates. Rents will be established annually as set forth in Resolution No. HA-32 adopted August 24, 2006, "Procedure for Setting Rental Rates". Section 5.7.2 Rental Rents Based on Standard Occupancy. Rents will be established pursuant to California Law Health and Safety Code Section 50052.5 as it relates to standardized occupancy based on unit size, which is one person in the case of a studio unit, two persons in the case of a one -bedroom unit, three persons in the case of a two -bedroom unit, four persons in the case of a three -bedroom unit, and five persons in the case of a four -bedroom unit. Actual occupancies of each unit will be in accordance with Resolution HA-22. Section 5.7.3 Household Rent. Individual household rent shall be established after compilation of all household members' sources of incomes, assets and allowable deductions, and proper notification. Section 5.8 MAINTENANCE AND ENTRY TO RESTRICTED UNITS Section 5.8.1 Inspection The Manager or its agent or agents shall be allowed to enter the apartment as provided by state law. Upon 24-hour notice, the Manager may enter to inspect the condition of the premises and/or appliances therein. In the event of Management and Operations - Rental Units Effective 7-1-08 21 RESOLUTION NO. HA-38 Administrative Plan Section 5 Leasing Policies and Procedures an emergency, an authorized representative of the Manager has the right to enter the restricted unit without notice. Section 5.8.2 Service Reauest It is the Tenant's responsibility to call in all service requests to the property office location. Tenants must allow maintenance staff permission to enter the restricted unit to perform a maintenance request in the event the Tenant is not home or schedule an appointment during the maintenance hours Monday through Friday, between 9:00 a.m. and 5:00 p.m. All service request response will be within a 24-hour period. Section 5.9 LEASE RENEWALS Leases under consideration for renewal by the Manager must be renewed prior to the stated expiration of the residential lease or the tenant reverts to a month -to -month tenancy at the maximum rental rate for the restricted unit. Leases under consideration for renewal by the Manager for tenants that were previously deemed a Qualified Household must recertify their eligibility status annually in accordance with Section 6 below. Section 5.10 NO SUBLETTING The leases shall prohibit subleasing of restricted units in whole or in part. Section 5.11 LIVE-IN AIDES A Live -In Aide will be allowed, provided he or she is essential to the care and well-being of an elderly or disabled person who resides within a restricted unit. The Live -In Aide will be subject to this Plan except where noted and will be required to sign a consent for the purposes of a background check, proof of qualification, and proof of employment as a live-in aide. The Live -In Aide will also acknowledge acceptance of the terms of occupancy in a restricted unit. The addition of a Live -In Aide must not overcrowd the unit as prescribed in the Occupancy Standards Resolution 484 and HA 22. Section 5.12 PETS The leases shall require tenants to comply with the pet policy attached as Exhibit D. Management and Operations — Rental Units Effective 7-1-08 22 RESOLUTION NO. HA-38 Administrative Plan Section 6 Recertification Requirements Section 6. RECERTIFICATION REQUIREMENTS Section 6.1 REQUIRED ANNUAL RECERTIFICATION. Qualified Households with a current lease will be required to recertify annually to ensure the household remains a Qualified Household. Failure to recertify will result in the termination of tenancy. Section 6.1.1 Recertification Appointments. The Manager will set appointments with the tenant to bring in the necessary documentation for income and household recertification. Manager will set the appointment with the tenant in advance of the lease renewal date so as to give proper notice to the tenants of any rental rate adjustment. A tenant that does not commit to an appointment with the Manager, does not show up for an appointment, or does not provide all the proper documentation will be given notice of discontinuation of assistance and return to the maximum rental rate at the end of the lease term, but no later than 90 days from the date of the request for the appointment by Manager. Section 6.1.2 Recertification Documentation. The Manager will request the necessary documentation for the purpose of recertifying the household as a Qualified Household, including but not limited to: Section 6.1.2.a Income information for all household members over the age of 18 (except for Live -In Aides), which includes but is not limited to tax returns, pay stubs, bank statements, unemployment earnings statements, and disability or social security eamings statements. Section 6.1.2.b Asset information for all household members over the age of 18 (except for Live -In Aides), which includes but is not limited to any interest in real property other than a primary residence, savings accounts, stocks, bonds, and other forms of capital investments. Section 6.1.2.c Must provide necessary documentation to verify affordable criteria as listed in Section 4.3 have been met by all household members. Section 6.1.2.d Must provide necessary documentation to verify applicant lease requirements in Section 4.2.1 through 4 have been met by all household members. Section 6.1.2.e All members of the household must provide proof of identification for copying. Section 6.1.2.f Authorization and/or signed consent forms to verify or obtain income, assets, identification and employment information for all household members over the age of 18. All household members who authorize release of information or background checks have the rights to privacy under federal privacy laws. Management and Operations — Rental Units Effective 7-1-08 23 RESOLUTION NO. HA-38 Administrative Plan Section 6 Recertification Requirements Section 6.1.2.q Any other information deemed necessary by the Authority to determine eligibility. Section 6.1.3 Annual Recertification Confirmation as a Qualified Household. Upon receipt of all required recertification documentation required by this section, the Manager will confirm that based on the documentation provided by the household that the household remains qualified. In the event the household's income requires that the income category of the household be changed in either direction, the Manager will adjust the terms of the new lease to reflect the change in income category. (The Manager will re -lease restricted units according to the income by Unit Allocation through vacancies to accommodate the change in income of households during recertification.) In the event that a household no longer can be deemed a qualified household after recertification, the tenant will revert to a month -to -month tenancy at the maximum rental rate for the restricted unit for a period of not more than six (6) months at which time, with proper Notices having been given, will vacate. Section 6.2 CIRCUMSTANTIAL OR INTERIM RECERTIFICATION. A circumstantial or interim recertification may be conducted on a case -by -case basis when deemed necessary, by Manager but only once during the term of an executed lease. Such recertification would initiate a new anniversary date for the revised or amended lease. This review may occur for either of the following reasons: Section 6.2.1 Changes in Household Size. Any increase or decrease in household size. Section 6.2.2 Change of Household Income. Any increase or decrease in household income in excess of twenty-five (25) percent. Section 6.3 TEMPORARY RECERTIFICATION. Recertification may be done on a monthly or quarterly basis upon declaration by a Tenant that the household income has temporarily decreased due to unemployment or disability. Proof of unemployment or disability will be required. Section 6.4 ANNUAL INSPECTIONS. At least once annually, an inspection will be conducted by the Manager to verify that the tenants occupying the restricted unit have maintained the unit in good condition. Such inspections will be by appointment, but may or may not require the tenant to be present. Section 6.5 FALSE STATEMENTS AND WILLFUL OMISSIONS. False statements or willful omissions made during the recertification process may result in denial of assistance or in the recapture by the Authority of the rental assistance for the previous 12-month period. Management and Operations - Rental Units Effective 7-1-08 24 RESOLUTION NO. HA-38 Administrative Plan Section 7 Termination of Tenancies and Move -Out Procedures Section 7 TERMINATION OF TENANCIES AND MOVE -OUT PROCEDURES Section 7.1 TERMINATION OF TENANCIES OTHER THAN BY EVICTION. The procedures noted in this Section 7.1 do not apply to evictions. Section 7.1.1 End of Lease Term. With proper notice, as described in this section, the Manager or Tenant may terminate a tenancy at the expiration of the residential lease without reason or cause. Section 7.1.2 Durina a Lease Term. A tenancy may be terminated during a lease term without the termination being deemed an eviction under the following circumstances: Section 7.1.2.a Death of the sole tenant of a unit. Section 7.1.2.b By abandonment of the premises by the tenant as determined in accordance with Civil Code section 1951.3. Section 7.1.2.c By the determination by the Manager of tenant ineligibility under this Plan. Section 7.1.2.d By agreement of both the Manager and the tenant. Section 7.1.3 Notices to Vacate for Termination of Tenancies Other Than by Eviction. All notices will be given as provided for under California law. Section 7.1.3a Tenant Notices to Vacate. Tenants providing a written "Notice of Intent to Vacate" the manager must give 30 days written notice to the Manager or as prescribed by current law, or as such law may be amended from time to time. Section 7.1.3b Management Notices to Vacate. When the Manager provides a written "Notice of Termination of Tenancy", the Manager must give a 30, 60, or 90-day notice to the tenant in accordance with applicable law. Under California law, notices provided at the end of the lease term do not require reason or cause. Section 7.1.4 Move -out Procedures. At such time as a tenant or Manager provides a Notice to Vacate as detailed in this section, inspections may be requested and will be conducted in accordance with CC §1950.5(f) as amended from time to time. Section 7.1.4a Notice of Option to Reauest an Initial Inspection. Tenants may request an initial inspection of their unit upon providing a 30-day vacating notice to the Manager. All pre -inspections must be requested in writing by the tenant, otherwise the Manager will not conduct one. Tenants may be present during any of the inspections; however, the inspections may take place in the absence of the tenant. Management and Operations - Rental Units Effective 7-1-08 25 RESOLUTION NO. HA-38 Administrative Plan Section 7 Termination of Tenancies and Move -Out Procedures Section 7.1.4b Scheduling the Initial Move -out Inspection. A mutually agreeable time and date will be attempted to schedule the initial inspection. It will not be scheduled more than two weeks prior to the tenant vacating or the end of the lease date. Scheduling should allow tenant ample time to perform repairs and/or cleaning enumerated during the initial inspection. The Manager will give tenant at least 48 hours notice of initial inspection. Section 7.1.4c Opting Out of a Pre -Inspection. If the tenant does not request a pre -inspection, the Manager will not conduct one. Upon the tenant vacating, the Unit will be inspected to determine the work necessary to prepare the unit to market and re -lease. Tenants are strongly encouraged to request an initial inspection. Section 7.1.4d Inspection Exceptions. The Manager is not required to perform an initial inspection if the tenant has been served with any form of eviction notice because the tenant has failed to pay the rent, violated a provision of the lease or the rental agreement, materially damaged the property, committed nuisance, or used the property for an unlawful purpose. Section 7.1.4e Inspection Findings. All corrections identified during any pre -inspection or final inspection will be noted and a copy will be provided to the tenant as an itemized statement specifying the repairs or cleaning that will be the basis for deductions to the security deposit. Deductions cannot be taken for conditions caused by normal wear and tear during tenancy or previous tenancies, or for cleaning rental unit that is as clean as it was when the existing tenant moved in. Section 7.1.4f Final Inspection. A final inspection will be scheduled at the time of move -out. The final inspection will be made to note any remaining items not addressed by the Tenant that are still in need of repair. Section 7.1.5 Maintenance and Repairs Necessary Due to Impending Move -out. Any corrections identified during an initial move -out inspection and noted on the itemized statement may be corrected by the tenant by performing any required maintenance as permitted during the period following the initial move -out inspection through the termination of the tenancy in order to avoid deductions from the security deposit. The tenant may not perform any repairs that are prohibited by the rental agreement or lease. Section 7.2 TERMINATION OF TENANCY THROUGH EVICTION. This Section 7.2 covers eviction policies and reasons for commencing eviction proceedings. Section 7.2.1 Reasons for Eviction. Section 7.2.1a Violations of the Lease. Violations of any of the lease terms may result in termination of the lease and eviction. These include but are not limited to, violations of the crime -free, drug -free housing policy, disruptions of the peaceful enjoyment of other residents in the community, any health and safety condition Management and Operations - Rental Units Effective 7-1-08 26 RESOLUTION NO. HA-38 Administrative Plan Section 7 Termination of Tenancies and Move -Out Procedures caused by the tenant, the nature of which jeopardizes the other residents of the community. Section 7.2.1 b Non-Pavment of Rent. Processes for non-payment of rent and the procedures for filing an unlawful detainer will follow the procedures as outlined in the Califomia Code of Civil Procedures and the Califomia Civil Code. Section 7.2.1 c Misrepresentation of Eligibility Under the Plan. False statements or willful omissions made for the purposes of obtaining or retaining a restricted unit. Section 7.2.2 Eviction Process. Section 7.2.2a Eviction Notice. Once it has been determined that the Manager will proceed with an eviction, the Manager will serve the tenant with a notice to voluntarily vacate the rental unit within the specified time period. Section 7.2.2b Verification of Occupancy. After the tenant's Eviction Notice expires, the Manager will attempt to verify occupancy. If the restricted unit is still occupied and no arrangements have been made to vacate, proceedings for a court ordered eviction will commence. If the tenant has vacated, but has an outstanding balance due for the tenancy or unit repairs and the security deposit is insufficient to cover such costs, the Manager will attempt to collect for the balance due and use any remedies available including court action. In the event there are sufficient monies available within the security deposit to cover any amounts due from the tenant, the deductions and/or refunds shall be made to the security deposit in accordance with CC § 1950.5 as amended from time to time. Section 7.2.2c Unlawful Detainer. An unlawful detainer will be filed with the superior court in accordance with California law. This assures the tenant the right to a court hearing if the tenant believes that the Manager has no right to evict the tenant. Section 7.3 REFUND OF SECURITY DEPOSIT. Security deposit refunds will be processed in accordance with CC §1950.5 as amended from time to time. Section 7.3.1 Notification of Itemized Security Deposit Disposition. After inspection and assessment of the conditions of the vacated unit, and after completing repairs or receiving the invoice/receipt, the Manager will notify the tenant of the security deposit disposition within ninety (90) days. The Manager will mail or deliver a copy of an itemized statement indicating the detailed charges against the security received and the amount to be refunded, if any. Attached to the itemized statement to the tenant shall be copies of invoices and charges incurred in order to clean or repair the unit. Section 7.3.2 Tenant's Entitlement to Security Deposit. If tenant is not notified as to the disposition of the security deposit within the required notification period in Section 7.3.1, the tenant shall be entitled to one hundred percent (100%) of the original security deposit amount. Management and Operations - Rental Units Effective 7-1-08 27 RESOLUTION NO. HA-38 Administrative Plan Section 8 Grievance Process Section 8 GRIEVANCE PROCESS .. Section 8.1 GRIEVANCE APPLICABILITY. This grievance procedure shall be applicable to any Applicants and tenants of the Authority. Grievances that may be considered under these procedures will include actions related to tenancy matters, but not including non- payment of rent and other the matters governed by Section 7.2. Under no circumstance may a Grievance be filed after issuance of any notice in accordance with Section 7.2.2. A copy of this grievance policy shall be provided to all Tenants. Section 8.2 GRIEVANCES. The tenant grievance process is not intended to replace the normal interactions that will occur between tenants and the Manager, and is not intended to be used prior to an issue first being raised with the Property Manager. Only when a tenant has made all attempts to resolve a complaint may a complainant seek the following remedies outlined in this process. Section 8.2.1 Informal Grievance. Any grievance shall be presented to the Property Manager either orally or in writing, within thirty (30) days after the grievance arose so that the grievance may be discussed informally and hopefully resolved. Section 8.2.1.a. The Property Manager shall meet with the complainant within twenty-four (24) hours if possible, at which time the complainant may present oral and written evidence or documentation. A written summary of this discussion, the decision and the reasons for the decision will be prepared by the Property Manager within five (5) days and a copy will be provided to the complainant, with a copy to be filed in the complainant's file. The summary will include a decision and any steps that will be necessary to resolve any grievances. Section 8.2.1.b. If not resolved by Property Manager, Regional Supervisor to meet with resident within seven (7) days of meeting with Property Manager, at which time the complainant may present oral and written evidence or documentation. Summary of the Regional Supervisor's decision and the reasons therefor to be put in writing within five (5) days, copy to file and complainant. Section 8.2.1.c. If not resolved by Regional Supervisor, Vice -President to meet with complainant within fourteen (14) days of meeting with Regional Supervisor, at which time the complainant may present oral and written evidence or documentation. Summary of the Vice -President's decision and the reasons therefor to be put in writing within ten (10) days, copy to file and complainant. Section 8.2.2 Informal Hearing. If the complainant is not satisfied with the Vice - President's decision, the complainant must submit a written request within ten (10) calendar days after receipt of the summary from the Vice -President, at which time the Management Company will arrange for an impartial, third party mediation service to hear the matter within twenty-one (21) days. The complainant will be afforded fair due Management and Operations - Rental Units Effective 7-1-08 28 RESOLUTION NO. HA-38 Administrative Plan Section 8 Grievance Process process safeguards as prescribed by Fair Housing Laws, including but not limited to the rights to present oral and written evidence and to be represented by an attorney. Summary of the decision of mediation service to be provided to complainant and a copy to the Authority. Section 8.2.3 Unresolved Grievances. If the complainant is not satisfied with the outcome of the process in Section 8.2.1 through 8.2.2, he or she may submit a written request to the Executive Director within ten (10) calendar days after receipt of the summary from the Mediator. The Executive Director shall review the request within ten (10) days and determine whether the decision should stand, be revised or reviewed further. The Executive Director shall be the final authority for purpose of interpretation of the requirements of the Program, upon a written request for interpretation. Management and Operations - Rental Units Effective 7-1-08 29 RESOLUTION NO. HA-38 Administrative Plan EXHIBIT A Exhibit A PALM DESERT HOUSING AUTHORITY PROPERTIES MULTI -FAMILY APARTMENTS ONE QUAIL PLACE 72-600 Fred Waring Drive DESERT POINTE 43-805 Monterey Avenue NEIGHBORS 73-535 Santa Rosa Way TAOS PALMS 44-830 Las Palmas Avenue CALIFORNIA VILLAS 77-107 California Drive LAGUNA PALMS 73-875 Santa Rosa Way COUNTRY VILLAGE 42-455 Washington Street PALM VILLAGE 73-650 Santa Rosa Way SAGE CREST 73-775 Santa Rosa Way / 44-200 San Pascual # Units Tone 384 (760) 568-9835 64 (760) 340-6945 24 (760) 836-1455 16 (760) 340-6945 141 (760) 345-0452 48 (760) 836-1455 66 (760) 568-9835 36 (760) 836-1455 14 (760) 674-1139 SENIOR APARTMENTS LAS SERENAS 73-315 Country Club Drive THE PUEBLOS 73-695 Santa Rosa Way PUEBLOS EAST 73-697 Santa Rosa Way CATALINA GARDENS 73-600 Catalina Way CANDLEWOOD 74000 - 74002 Shadow Mountain Drive LA ROCCA VILLAS 42-135 Golden Eagle Lane 150 15 4 72 30 27 (760) 773-9040 (760) 568-3640 (760) 568-3640 (760) 568-3640 (760) 568-3640 (760) 773-9040 Management and Operations — Rental Units Effective 7-1-08 30 RESOLUTION NO. HA-38 Administrative Plan EXHIBIT B Exhibit B NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK INFORMATION BY TYPE OF FUNDING SOURCE OF INFORMATION INFO Law Illegal Drug Use enlacement agencies State Federal Government Credit Agencies Drug Use that Interferes with Health & Safety of Others Sex Offenses "Serous" cnmes • murder, mayhem, rape, burglary • hate dimes • offenses re firearms / explosives felonies involving drugs, alcohol • domestic violence Juvenile Records Arrests Not Resulting in Conviction Social Security Numbers Citizenship / Residency Info Income / family composition & tax info. to verify eligibility Investigative Consumer Report • Credd History • Character • Reputation • Personal charactenshcs • Mode of living • Convictions • Civil Actions • Tax Liens • Outstanding Judgments FEDERAL FUNDS INVOLVED INVESTIGATION DISCLOSURE & CONSENT Required Housing Auth. must require & applicant must consent Required Housing Auth. must require & applicant must consent Required Housing Auth. must require & applicant must consent May obtain Must notify applicant, it basis for denial Prohibited Prohibited Required Required Required May Obtain May Obtain, but only if credit agency has ver i led Info within 30d of disclosure FEDERAL FUNDS NOr INVOLVED INVESTIGATION DISCLOSURE & CONSENT May obtain Must notify applicant, if bans for denial May obtain May obtain May obtain N/A Prohibited N/A Prohibited Housing Auth May Obtain must require & applicant must consent Housing Auth. Prohibited must require & applicant must consent Housing Auth. Required must require & applicant must consent Housing May Obtain Authority must notify applicant Housing Authority must notify applicant May Obtain, but only if credit agency has writhed info within 30d of disclosure Must notify applicant, if basis for denial Must notify applicant, if basis for denial Must notify applicant, if basis for denial N/A N/A Application must indicate disclosure is voluntary N/A. But. if Housing Auth. Has unsolicited evidence that applicant is undocumented. it must reject the application Housing Auth. must require & applicant must consent Housing Authority must notify applicant Housing Authority must notify applicant Management and Operations — Rental Units 31 Effective 7-1-08 RESSMINNelrf HA-38 ' SOURCE OF INFO Public Records Obtained From Other Sources; Interviews with Neighbors. Friends & Associates INFORMATION • Bankruptcies more than 10y prior • Civil judgments more than 7y old FEDERAL ELANDS INVDL VED INVESTIGATION DISCLOSURE & CONSENT Prohibited N/A Relevant background May Obtain information • Creditworthiness • Credit standing • Credit capacity • Civil actions • Convictions • Tax Liens • Outstanding Judgments • Character • General Reputation • Personal characteristics • Mode of Llvinc Must notify applicant if basis for denial. Consent recommended. Exhibit 8 ' FEDERAL FUNDS NOT INVOLVED ANVESTIGATION 1 DfsCLosuRE 6 I CONSENT Prohibited N/A May Obtain Must notify applicant, if basis for denial. Consent recommended In addition to credit reporting agencies, background check information may be obtained from Westlaw, Lexis, DataQuick, Merlin, Choice Point, and similar reputable resources. Management and Operations - Rental Units Effective 7-1-08 32 RESOLUTION NO. HA-38 Administrative Plan Exhibit C EXHIBIT C RCHA EAST RIVERSIDE COUNTY UTILITY ALLOWANCES Housing Authority of the County of Riverside Housing Allowances for Tenant Furnished Utilities and Other Services Heat (Air Conditioning (Blower (Evap Coder / Heat Exchanger) (Cooking AS / PROPANE I IELECTRIC 'Other Electric (Lighting and Refrigeration) Water Heating GAS / PROPANE ELECTRIC Water Service - Domestic Use Water Service - Evap / Swamp Coder Sewer Trash Refrigerator (if supplied by Tenant) Stove/Range (if supplied by Tenant) Effective: 07/05/2007 Locality: East County Dwelling Unit Size OBR 1BR 2BR 3BR 4BR GAS / PROPANE $14 $20 $26 $31 $40 ELECTRIC $27 $37 j $48 $59 $75 $7 $10 $13 $16 $20 $1 $2 $2 $3 $4 $2 $3 $4 $5 $6 $5 $6 $8 $10 $13 $12 $14 $18 $22 $28 $6 $9 $11 $13 $17 $13 $18 $23 $29 $36 $14 $20 $25 $31 $39 $11 $15 $19 $23 $30 $20 $20 $20 $20 $20 $21 $21 $21 $21 $21 $4 $4 $4 $4 $4 $4 $4 $4 $4 $4 This chart is current from 07/05/2007 through 06/30/2008. f13. / �.�L -w--� Deanna Lorson, Managing Director 5BR 6BR $48 $51 $85 $96 $23 $26 $4 $5 $7 $8 $15 $16 $32 $36 $20 $22 $42 $47 $45 $51 $34 $38 $20 $20 $21 $21 $4 $4 $4 $4 Management and Operations - Rental Units Effective 7-1-08 33 RESOLUTION NO. HA-38 Administrative Plan Exhibit D EXHIBIT D PET POLICY PURPOSE Section 1 Permitted Pets Section 1.1. Elderly Households are allowed to keep common household pets in their restricted unit in accordance with this Pet Policy, including one cat or one dog, or either one or two birds, or fish in an aquarium. All pets must be registered with the Manager before being brought onto the premises, and registration must be updated each year at annual re- examination. Section 1.2. Tenants with a Disability may keep a service or companion animal in accordance with applicable disability laws. All service animals need to wear identifying gear such as tags, harnesses, or capes when outside of the restricted unit. Section 1.3. No vicious or intimidating animal or pet is to be kept on the premises (this includes any animal whose bite is venomous or any animal that has previously bitten anyone). Section 2 Required Fees and Payments Section 2.1. The tenant will be responsible for all reasonable expenses directly related to the presence of the animal or pet on the premises, including the cost of repairs and replacement in the restricted unit, and the cost of animal care facilities if needed. These charges are due and payable within 30 days of written notification. Section 2.3 Service animals will not be charged a pet deposit, but the Tenant is liable for any damage caused by the animal. Section 2.4. For other animals, the Authority will charge a refundable pet deposit of $200 for each pet. Section 2.5. The Authority will refund the unused portion of the deposit to the tenant within a reasonable time after the tenant moves from the property, or no longer owns or has a pet present in the tenant's restricted unit, if the tenant no longer has the pet, an inspection of the unit must be done to provide evidence that there is no damage to the restricted unit caused by the pet. Section 3 Limitations Section 3.1. Authority's authorization for pet(s) will be given on a year -by -year basis. Section 3.2. Except for service animals, no pet will be allowed if weight exceeds 25 pounds. The 25-pound limit is for the expected adult weight of the animal. Management and Operations - Rental Units Effective 7-1-08 34 RESOLUTION NO. HA-38 Administrative Plan Exhibit D Section 3.3. Fish aquariums must not exceed 15 gallons of water. Section 3.4. All pets must be effectively restrained and under the control of a responsible person when passing through a common area, from the street to the restricted unit, etc. Dogs must be on a leash at all times when not in the rental unit. Section 4 Registration Section 4.1. Registration in accordance with Section 1.1 must include the following: A certificate signed by a licensed veterinarian stating that the pet has received timely all inoculations currently required by state and local laws; a picture must be provided at time of registration; and the name, address and phone number of person designated responsible for the pet in the tenant's absence. Section 4.2. All animals or pets are to be spayed or neutered. If animals are not spayed or neutered and have offspring, the tenant household is in violation of this rule. Section 5 Sanitation Standards Section 5.1. Any animal or pet waste deposited must be removed immediately by the pet owner. Tenants will take adequate precautions to eliminate any animal or pet odors within or around the restricted unit and maintain the restricted unit in a sanitary condition at all times. Section 5.2. All animals or pets are to be fed inside the restricted unit. Feeding is not allowed on porches, sidewalks, patios or other outside area. Section 6. Potential Problems and Solutions Section 6.1. Tenants will not permit any disturbances by their pet, which interferes with the quiet enjoyment of other tenants; whether by loud barking, howling, biting, scratching, chirping or other such activities. Section 6.2. The Authority may enter the tenant's restricted unit to inspect the premises when circumstances so warrant, to investigate a complaint that there is a violation, and/or to check on a nuisance or threat to health and safety of other tenants. Section 6.3. If the pet is threatened by the incapacitation or death of the owner (or by extreme negligence), and the person designated pursuant to Section 4.1 is unwilling or unable to care for the pet, the Authority may place the pet in proper facility for up to 30 days at the pet owner's expense. If there is no other solution at the end of 30 days, the Authority may donate the pet to a humane society. Cost of this professional care will be borne by the pet owner. Section 6.4. Excluded from the premises are all animals and/or pets not owned by tenants, except for service animals. Management and Operations - Rental Units Effective 7-1-08 35 RESOLUTION NO. HA-38 Administrative Plan Exhibit D Section 6.5. The authorization for a household pet(s) may be revoked at any time subject to the Authority's grievance procedure if the pet becomes destructive or a nuisance to others, or if the tenant fails to comply with this policy. Section 6.6. Violation of this Pet Policy by a Tenant is subject to: Mandatory removal of the pet from the premises within 3 days of notice from the Authority; or if for a threat to health and safety, removal within 24 hours of notice; or Lease termination proceedings. Section 7 Indemnification by Pet Owner Section 7.1. The Tenant shall indemnify, defend and hold harmless the Authority, the Agency and the City from and against any and all claims, actions suits, judgments and demands brought about by actions or damages caused by the Tenant's pet(s), guide animal, hearing animal, assistance animal, seizure response animal, companion animal, or emotional support animal. Any injury or damage to persons or property caused by Tenant's pet(s), guide animal, hearing animal, assistance animal, seizure response animal, companion animal, or emotional support animal shall be the liability of said Tenant. At the Tenant's discretion and expense, Tenant is responsible for securing liability insurance for such purpose. This policy is incorporated by reference into the Lease Agreement signed by the resident, and therefore, violation of the above Policy will be grounds for termination of the lease. Acknowledgement by Tenant Management and Operations - Rental Units Effective 7-1-08 36 RESOLUTION NO. HA-38 Administrative Plan Exhibit E EXHIBIT E Housing Authority Zero Tolerance Policy PURPOSE It is the policy of the Authority that prohibited criminal activity will not be tolerated. "Prohibited criminal activity" includes violent and drug -related criminal activity or any criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents or others in the immediate vicinity in any housing property and/or program administered by the Authority. A copy of this Zero Tolerance Policy shall be made available to all applicants and tenants in Authority -administered programs. POLICY The Authority will foster crime -free housing by implementing aggressive strategies that will reflect a zero tolerance of prohibited criminal activities by enforcing the following actions: 1. Deny or terminate assistance to any household containing a member that is currently engaging in, or has engaged in during a reasonable time before applying (as determined by the Authority): (a) drug -related criminal activity; (b) violent criminal activity; (c) other criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises or other residents; or (d) other criminal activity that would threaten the health or safety of any Authority employee, contractor subcontractor or agent of the Authority. 2. Applications will also be denied for any other activity that could prove to be detrimental to the health and safety or right to peaceful enjoyment of the other tenants. 3. Conduct a state and nationwide criminal background check for every household member over 18, to disclose any criminal background information. Any conviction for criminal, violent behavior or drug activity during a reasonable time before applying (as determined by the Authority) is automatic grounds for denial. 4. Alert tenants residing in the Authority owned housing properties about their obligation to keep restricted units free from prohibited criminal activity. 5. Incorporate an addendum to all leases that includes grounds for termination of tenancy due to criminal activity. 6. Provide management with required guidelines for screening potential and existing tenants, inspecting the premises of the property, and taking action against tenants engaged in criminal activity, fraud, or any nuisances. 7. Work collaboratively with law enforcement agencies to assist in the enforcement of the Zero Tolerance Policy, as well as crime patterns and other potential problems. Acknowledgement by Tenant Management and Operations - Rental Units Effective 7-1-08 37 RESOLUTION NO. HA-38 Administrative Plan Exhibit F EXHIBIT F HOUSING AUTHORITY PROPERTIES RESIDENT SERVICES BUILDINGS "HOUSE RULES" GROUP USE PRIORITIES 1 Permission for use of the Housing Authority Properties Resident Services Buildings shall be granted to the following on a first- come/first-served basis, subject to the following priorities. 1. Housing Authority Properties Leasing Office Activities or Meetings. 2. Housing Authority Properties Tenants Activities and Programs organized or approved by the Property Manager (may include daily routine activities). 3. City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority meetings or activities. __ UMW O ft S IMI Management and Operations — Rental Units Effective 7-1-08 38 RESOLUTION NO. HA-38 Administrative Plan Exhibit F RESIDENT SERVICES BUILDINGS HOUSE RULES 1. Operations Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except City observed Holidays which are as follows: New Year's Day, New Year's Eve, Martin Luther King Jr. Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day, and Christmas Eve. The Housing Authority Administrator, at his/her discretion, may authorize altemate operating hours from time to time with the proper facility supervision. 2. No disorderly or illegal conduct shall be permitted during any activities or programs offered in or during the use of the Resident Services Buildings. 3. Smoking is prohibited in the Resident Services Buildings and within 40 feet of all entrances or exits. 4. Pets, other than those assisting persons with disabilities, are not permitted on the Resident Services Buildings property. 5. No food or drink is allowed inside the Resident Services Buildings building except during organized functions. 6. No alcoholic beverages or controlled substances of any kind are permitted on the Resident Services Buildings property. 7. The Resident Services Buildings is not responsible for lost or stolen items. It is strongly recommended that items of value not be brought into the building or on the premises. 8. Access to the Community is such that tenants and attendees will be walking through residential communities. Courtesy for the quiet enjoyment of the surrounding residents should be considered at all times. 9. Prior written approval is required from the Property Manager for equipment and services brought in and not directly provided by the Resident Services Buildings. 10.AII children under the age of 10 must be accompanied by an adult over the age of 18. `Note: accompany means within close proximity (an arms -distance for example). Youth organizations (ages 11-18) must have one adult to five minors in attendance who shall remain in the Resident Services Buildings for the duration of the activity. Management and Operations — Rental Units Effective 7-1-08 39 RESOLUTION NO. HA-38 Administrative Plan Exhibit F 11. The Resident Services Buildings is provided for in an "as is" condition. "As is" means that the facility user may not remove or displace furniture and/or other fixtures such as tables, chairs, etc. (collectively "fixtures") or add or bring in additional fixtures not already provided, and therefore such fixtures must stay in the same location as originally provided by the Property Manager, decorations on walls, tables and other locations, may not be removed, displaced or covered up in any way. If there are any questions regarding this rule, please contact the Property Manager prior to use of the facility. The Property Manager has the right to inspect the Resident Services Buildings while in use to ensure compliance with this provision. Failure to comply with this provision, the event is subject to immediate cancellation/revocation at the discretion of the Property Manager. 12. Tape, nails, tacks, putty, screws, staples, decals, powders, wax, paint, etc., are not permitted in/on the walls, floors, ceilings or fixtures. Rice, birdseed, confetti, glitter and similar materials may not be thrown inside or outside the facility. No smoke/fog machines are allowed to be used. Music devices may be acceptable, however, prior written approval is required. 13.All users of the facility shall be aware of the maximum occupancy of 104 and enforce that it is not exceeded. Doors must remain unlocked during hours of use. 14. In addition to the House Rules and regulations goveming the use of the Resident Services Buildings, all users shall also comply with all applicable local ordinances of the City of Palm Desert and state and federal laws. Failure to comply with said rules may subject a user from entering the premises. 15. Facility users may not list the City of Palm Desert, its Redevelopment Agency, or Housing Authority as a sponsor of the activity and may not list the Resident Services Buildings phone number as the contact in any written materials associated with any event. The Property Manager may require copies of all promotional materials used in conjunction with the use of the facility. Failure to comply with such a request may result in cancellation of the event. 16. Parking is not available on -site. All facility users will be required to make their own provision for parking. 17. All users of facility shall be responsible for cleanup after each meeting. Tables and chairs must be wiped clean after any event. 18.The City of Palm Desert, its Redevelopment Agency, and Housing Authority assumes no legal responsibility and are not liable for personal injuries, thefts or losses of private property while on or using the Resident Services Buildings and associated facilities. 19. Facilities and equipment are to be left in the same condition as they were prior to the event. Management and Operations — Rental Units Effective 7-1-08 40 RESOLUTION NO. HA-38 Administrative Plan Exhibit F 20.Violation of any of these rules by any user during occupancy shall be sufficient cause for denying further use of the Resident Services Buildings facility to the organization. 26. These House Rules are issued for specific use of the facility and for specific hours and the premises must be vacated as scheduled. 27. Failure to observe any rules, regulations, and ordinances of the City of Palm Desert may be sufficient cause for denying further use of the Resident Services Buildings facility. 28.Fights, vandalism or unacceptable behavior occurring during an event shall cause immediate cancellation of the event. I, the undersigned, acknowledge that I have read all the rules listed above regarding the use of the Resident Services Buildings and agree to abide by such rules and regulations as set forth by the City of Palm Desert Housing Authority. Print Name (Tenant) Signature Date Management and Operations — Rental Units Effective 7-1-08 41 h+.heswr1111111 RESOLUTION NO. HA-38 Attachment to White Paper date arch 3, 2008 Administrative Plan rpm rental agreement COMPANY 1. I lECIIVE DATE AND PARTIES: This agreement was made and entered into this day of �— between RPM Company agent for (Headier abed -Ovate) and (Hereafter joimty calied'TemeC'). Other occupants none 2. PREMISES: Owner rpm to lease to tenant the eremites Method as apemen! g & parking space tr at , , Ca. 3 OCCUPANCY. The prams shall be used only for residential purposes and not more than persons shall recede there at anytime 4. TERM AND REfiT The premises are to be occupied by tnoee(s) for the term coma: acing as . 200 , through . 200 , tit. blue farm rate of S less Utility .Yowauce of S, Net teal S, pay b , owner. delivered to the Amused Merger or say of our omits manalemeot stiff, at ., apartment managers office (ar sorb otbgrfllaee or 24 err drop box, where aperoprid4 as owner stall from time to tam dmgnek in wndeg). dsneg noreal efface hem of'. without dalnetios or offset of any kod, in advance sad without dunned in or Mire the fret dry of aces cek'der meth Mmgtmsat slag alibi matted at 760- for soy questions a concerns. Tears shell pay net for the first lWl cakeder mouth M the time of eau eietito of this knee. A. of the tam of this lease dos net begin on the Ent of a eatsrdr month Dread an the het day de adepts most, the test feu such shell be pro -need a the bub of a thirty -day seers The panted nsahl from the Me of mums to the fine day of dee following math a S 0, to be paid as romaas monies in the Conn of a cashier's dacha mossy order Tewant's tight fp possession is expreisly ecaingent woe the PrmPr payment area, sod the use of thsppgtbr by Mot is *Med only via a metes thst rat is paid on lima Owner rapine that all tat eel od r soma des be peidWan malty deck metier then aulle checks. B. Rest is due and parkas the Brat ailed& day dads milt. Aapr pillyitems sands der the fink ere atstuiderad lase In the evert tits the mare does not provide the anal peymsat tgaiitpgrby the Sint g.ecea month, ere'Squired. taunt apses to pay a late cheep of S 25 es the eixsh cal m Miami S5.00 psi bet MtMqumt dertof moms owtttsethng. Ile maximum pemIy not to exceed S 1116 The late curse will be applied Maas any rule ate outtaadhtg et the close of Minas on the 5e calendar day of sae month All monies paid after the dose bib iese on Ise 5 tort be plila,atei either mosey order or cashier's check Tact understands and egress that a payment of said lie *ries ih eo way oontibies a waive by awsr to any nests thumps has to terminate the %enemy acconbog to law. C Owner.gtees to accept, as payment Recalls pasone(eftaol . naoeey order cc ambler's check Should extant preens s check to owner. *Eire does not deer the beak for may Mom tam rmltiwseosdiddy replace the eked with either mosey order ot a mina's cheat. Such menet shill iodide that 2S.00 Me cloer atalunied check beep charges of $ 25.00 per check. Taunt meet pay any additional ce Mtaer rent a ether chew by either mar* ardor or eseaaer's cheek. Tetast may rseatabtiah payment privikaes dell monies Mare paid re tee fit a paid Mire ceseecutive maths. No exceptiose will be erode unless eaest provide tie ownersiljeta.lster firm lerea's bank rising *at thee was ea war eta tore boors pert *kick caused the tenet's check to be reamed. That hats ltbe se Mad copywtitten on banking initiation Method end mired by a officer of the beck or Saviegs and Let, afl ttediebioby!,6p owner. Ody upon vari6eatioe dead k11Q will the hate be andsmizod b pey rat by otter thes nosey,grder a olbsik duck. The Terms Odds rental agreement am be e.dsd, nsdtLd ar sepplemated only by a written mice signed by bath parties Any purported oral cured-dt-wR madmcathe areeppinat ref be wail 5 DEPOSIT: Tease egtaiato the payment ore/ fallowing deposits: A Eacmw Deposit la addition tit the aid rent paymuts, the tem agrees to pry Ise sun of S , hrdq as a mow dspont The said deposit is b be'Wd by knot foe *had puformenes ale the leans of this agreement. Father. the mid deport or writes statement adieu* the dieponiae.irb be model t the tenneedos of the esteems within 3 weeds amities the lgemises lip eery tent derefeus to the p eu ises, fixtures or furnishing. assemble weer ed tear esrcpted sod kw eery othr shroud due order the on elf this agreement. Tecrww Dgeel may net be need es tent Mama the meeageae is write. a ansst B. Pete PelaofanyE l we promhi set in the oommoa rasa Plats of soy tied are whittled on the premise or in the eproseet hashy!Mhmnt pnerVM!a snot of the owner, *tares stay be revoked at am ten, with aria If men OMB to acquire or bnai a nevi* on the pima* it slued be reported ieesedissety to the ma who as Maaaae the exiting deposit as m condition far owners pantheon unpin this metiers. Permission is baeby Pm to rewded Is roseate the fol owing pet on the premises: Pets name , Breed , Color , and Weight Suck prmisrips is a coowdaatoa of an addibood deroe[ ea the amount of S 0, subject to deductions for elesmiag and repair of Pet Muses red less say otter amount due under the tines of this apaeaaaat 6 RENTAL INCENTIVE: In the event tenant has received ■ ooaeeseioa of rat a any otter ceshpaataatim as as it:Memdel to air inao this agreement for a eaten lane terse, tenant agrees b psy tack the incentive prior to assent vacating the panics if tears terminates his lone prior to the date of =wiretia, or dames bdre the and of the lone tam. The value of this incentive is S 0. 7. GUESTS: The wastes cease* of the owner b required prier to occupancy of the premises by any guests of *mats br octanes periods grater then 72 Mm If sppoved by owner, orb pr+te mat obey the eprnsent home ruin nod policies of the owner Pollute by a guest to abide by the rues and poker, dowser will rest it tetwusatioa of this nasal agreement. S. APARTMENT HOUSE RULES AND REGULATIONS: Tamest apses to abide by all written Mks now in died and as such rule may be amended. Such rules are incorporated hates es pert of the lane, commits mod mediates of this agreement. fe the event of revision of+rh rulo, tam will be notified by the posting of such revised sacks in the office of the manager Thee roles. adopted by ,p-, h wet N, ./. Page 1 of 4 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan owner, are for your well teteg as wdl as the of your fellow reminds. Owner, or its vests, reserves the right to take whoever steps may be necessity a estfotee such tales and regulations Any repeated vioistion of the following rubs win be ponds for tannnatim of Or tenni wawa A NOISC Sound equipment should be operated m' way Ihot does not disturb others. This equipment is to include but not limited to stereos, televiatons and motor vebieks Vocal a tatto o:5bl movie, typier{, pomdisd or other noise is prohibited if the sound penetrates into other @pra mh. Loud noise, boisterous play, mining on stairs and dawning of doors are prohibited. Thew ruin are in effect at all hours, however, the bars of ROO p m. to 9:00 am. ate considered quiet hours Mien lily noise may be pasticulaty dintabing to others. B WATERBEDS: Waterbeds are not allowed m the apartment unless written &primal has beat give by the owner and the tenant has secured mammce cosaage to psolorl spine risk of loss a damage b 6e premises as the math Muse of the waterbed an the premises. Tenant agrees to provide owner with a copy of the required insurance coverage prior b the installation of any waterbed INSURANCE REQUIRED: YES ❑ NO ® INITIALS PROOF PROVIDED DATE C HOUSEKEEPING: Tenant is mspoaible for maintainins ekmlioas on the patio area as wig a anyway. Howe cleaning Chet might disturb ethers should be dons dune` menial waifs j hours 9.00 a.m. to 9:00 p,m. bone oleamm{ may include, but is not limited to, vieniesing and opening other major spplianan such as dishwasher, wasFMttir dryer. Taint may not seat 'abase or tans not intended for exterior atposurs on patio and the see yeays we not for the *pose of storage D. PLUMING ALL PLUMBING STOPPAGE IS THE RESPONSIBILITY OF THE TENANT. Pat pease dANiags 1n a nat.laer sod deposit t■ the trait lia. The "insukaatne in the kitchen sink is not i °gibsge" dismal, rather it is an aid to the disposition of small food patticMo. Do not put flitous or solid items is the osinkarpoc. ISti stot.patmsuitabie items in toilets Unsuitable items include but we not limited M. solitary ankles, matches, cocoa swab or amine paper. E DAMAGI Tweet will be egdnd se pry for d damage to the apartnwt or apermait maple: caused by the Want or their pap n4Usence or wMIit roadaut er alarend.ct. F VImCLK:S: Repairs of icy kind to vehicleare not permitted Oaths premises Washing vtbiele♦ boot pa®ted on the premises accept in areas designated by owner. Vehicles taking or thipPdi are prehihted. Tenant Knipe/table for the clam up of any area damaged by oil (tom then pct's vehicle,. St nge of v& is prohibited an the maims and wt71 be subject to low away at minter's expense. storage to ielode, bat o44.1i pial to, vs4eipu not emeotly Encased, vehicles not in tie for a period not to exceed seven days or a vehicle not maintassd incooditiait. ' G VEHICLE PARKING: In the event that Marl die lag of emadea god perk ►,+chide o a reserved corned carport spice or signed Wage, other thin that 'signed to teomtorprk m an undeigadd p t the imp sly tangy "chick will be towed WITHOUT NOT(FICATIOK, at do vehicle ohitir; omega. It is the teomt'iuesposibility to monitor and control toad's perking spasm for their reposes. It is thr4maat's respootbibh to notify the guests of the packers policy. Grages are for vehicle perking only Personal heat say be Moo * strings cIa1M1►if provided. Stamp of aombwob s, flammable or toxic chemicals Many kind is strictly prohrbited mywbsp qR th• premises Melodies tent not limited to the enclosed Wage area Management, owner and i4' mothamed asea4 are snot nepennb a for pummel dans timed. They we stood at the tole nak of the taunt hbdi1ations of soy kind are not permitted fsihe gob" a Mtge H SZCURrrY: Tama and pasts are responsible for Mar own se*. Sway lenant is expand to min a dame prevention. The owner makes no.tteloti.ty a to the pinion fbrasurily of 4om4 or swats. I LOCK-oi'r POLICY: Taken leer tesponaible for enefsMielog.eeals to their 'Wawa. In the went the taunt rat loses, misplaces or otherwise does not mere tip births** @prtlmmt the Data may allow entry into the apartment Tama mast provide owner with picture identifiesbon or mat othentfiesasidy owner of their ideality. Daring maaal balsas !puritanic may boauw a spre key from the office and (chum to neva be kly will teak in a K0.00 tea. After mantel buses boas tenet must contact otdcepoougM the after hors sairsp mg service or cemetery oftoa, ifavailable, Muse keys have ban p enouty issued a S50.00 fe. will M.hri•d to the tot led* and most be paid with the billowing months rent If keys are not available with the owner, the tedsii nit ebbs a locksmith aid the taint will be hgpom'ioie for the paymatt to the lockeith, oortaally to be paid at the time of aro. Owneria ootrespooibte for tenet wiry into the spnttnmt 9 AMZNRY'AR1A tUKDII.>lfU Ap'ttmat imitation say idle bet sot limited to: Pool(s), Spe(s), Fitness Centers, Racquetball Court,Ciobious4 Ss nWs). The following rules and regulations are dripted In modaita your .j.ynie t of the @malty provided on tic pares. Tawas are ere lioad r sadmi safety in the sir Meta entices and need b be awn of the hazards. which tow resat has negligent behavior. Thoow'tlars. miumgemmt and agent mats no wrraety impeding safely is the use of the amenities by tenet,: AreasLLlrhesn(s#ri am. bit lip m. No food, cant (inctsdieg bat not Maisel b s alcoholic beverages) a waking are allowed in aey`adpd ejriity reL•pailurst6 adhere strictly to the tides and segehacas is admowedged as pomade for suspension of pnvllcges lad possible taraimitvm olds* teetstcy after savior of a 3-day Notice b Quit Tara and guests swim sof use the amenity areas at their owes risk ad mum comply with the follow* regalaboeha: 1. .. • Seventies are permitted only wound the pool anew, and then nab is plastic contemns. 2 No alcohol or food of any kw/ 3 No glen Many kind 4 Guests are limited to two (2) pa apertmed and mut be accompa red by the tenant at all times. 5 No resident a guest under IS years of age allowed in the indoor athletic facilities. 6 No pets snowed 7 No running, pushing, shoving and/or roughhousing. S. No music equipment allowed unless pawed earphones are used 9 The pool i open for swimming between the hours of $ am. and 10 pm. 10 Swimmers must wear proper minus* attire, specifically designed for swimming. Cutoffs. T-shirts or hndagadmta are cmrp{ea of improper wnmwW attire 11 An swimmers 14 years of age or Leader must be aceompenied by the mental resident 10 CONDITION OF APARTMENT. SURRENDER. DAMAGE&. Taint has had the opportrity to rn$i ct the @penmat sad acknowledges that the apartment on the day of execution of this agreement i in good and habitable eonditior subject b exhibit A. As a Nall UM gig 1 ere Page 2 of 4 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan pert of the consideration for renal es shoed above tent will keep and mitre the aperarmt, appurtessects mod ponoosl property belonging b lean, a rood, ask, segery and operating coedaisn drier the tams of min agreement. Tarot shop be napouMle for payment br damages sr tepsles eaadased by ere unwind or megdpat candor of sesames geed Pathan b pry damages Mar 61rty (S) der win amalkute ars7edbe of New. The talent shall lode permit for tepsin doe to any damages or Wry cared to the merman by the learn or coy other person who may bee the apartment. Tarot shall, et the tammatioa of this agreement, without Nether melee to quit, weesdsr b owner the ap et rent, with aE , end pummel popery belonging to coma in as good omdHion a wheelmepaeted oe the dace of miestion of this apemrt , with- Ire reesombie wear cad tear end damage by the clamor reeled. Attached hero as Exhibit A r the Hove-ie mspation Report, a copy of which is hereby admowledged by tenant Tama shall rearm copy widget 4$ been diem dale to burn eortoct osposWae of dapeek at mwswt. 11. ALTERATIONS: Tenant Mail make an sllentiom or undertake redecoration without to prior written consent of the cams. No saews, nails or other materials shall be imbedded or Waled b the wells of the prcroses, except for padre hooks. Owner shall make or cane to be made and gull pay for. (1) ell kneeling led mecheical replies provided the aced for sorb repairs are not caused by or contributed to by gee fdt et the tesrat, his green, hieeds, agaab, err employe* and (2) all repairs respired by ordieiry wear and tar teastt tbsp be re penslbin for all abeam al wear aid tear. 12. ASSIGNTISURLmT iG: Tarot agates not to trader or singe any rum in this gnemet a the p®ises, nor to giblet the apatraaat or any port thereof No waged odier that those listed above shall geode in 6e spaessgi, An serge t radieig in the vetoed in bread% of this genet shall have an nett is or to tie epatsent and etc tensor may bti terthaled by owner without notice b any sock weeper. 13 UTILITIES- Trust agars to pay for all Wiliam including say deposits rede ce pt GAS, WATER, TRASH (is.. water, sewage, garbage) and no bold die owner hamper therefiim. Osier alea11 have men reepoairltiuhty for the mternption of utility "emcee Maished by third paces. 14 LAWS The law of the sate wherein the apsrtmmb are located shall govern ens ela¢sMadoc. validity, andenktc rent of this *meaner if ay provision of the woman diald be dotterel wad or kiitacaabte by earn of coapetaid jiarantictioa, the validity and aafocceability of the remaining maims of his apeaoast OW be affected thereby. 15. 1 iSPLCTION: Ownsr or its gent or area sbsq be sltowsi le eider 6e hpastmaat r padded by state law. Upon 24 Man ✓ ides, the *weer may enter to limpet the aware Of 6s pserlemire W appdsaass &vesper. 6 6s event of ea emerge cy, Owner's reprsseetatisre bee the deg to ester dM spmldgat wilheurygike. 16. TRRM1NATION: TbN tenancy may be teAleblsd by Owner it timers es parted by sate law. Raided may tenurate Ibis wiem metal gm®rat prior to the expirathe of disarm of the snidtsW spa®rat by giving (30) drys written notice of matt to wale, and paying ell mat date trough 6ety (d) days eadee period ' fn addition, a teraiodoa fen equal to one mosth's rent is dos and payable m tbs loan O[f csri sires dick or mew eider d armor move out. phis peysg to owner 6e value army rental incentive received by the snrl(s) err ptwiiijf apecifimd is the heat if ltasim(s) foil b pay aid smee nos, owner or its gad shall bare the right to ear and Wet pommies ies of,ths iiretwsptes provided by state sew, and teraamead shell be liable for mat of the full rental fa Ike mare less of the tamer. • 17. 19ARIIIIQULS: Teasels IN'e dbauraged from tie use efeitdeer ostlers pith ea tbe premises. Talent acknowledges sad ✓ aaars liability for dormer loss Hendon$ horn suds use. Any eve of a pis lama than 22S mime inches is strictly forbidder. Tama malt dgaose of dies pwperly.. It is strictly prohibited to dispose of aim 6i the pbge tuMsieen tit UA lTY: Tbe ewer hind ref/mirth for damage to ear perusal property se 6s premises Property on de premier dill be et the of of ire Irma Oared or coma amine shell b ao err be liable for tea edict damage of sick proper; wins peed by edema= of 6e caner. Tesot ad be labia for say claims of tea or dump to property, and injury or death b paws coned by ". t $r'a of asesL his invitees or saiarisea occurring as the toted remises. Isom* oorsma ad •67 ter air and r property of tenant sr ddrd perms ender tenant's esemel, pees stored or Mild le 6s preemies • eYerbsre Ie.K. _ ifs peal ire Tennmant N me for Issureeee armee fir tut pried property la the sweet tbst iatij �s}pro N by blast Over is set remoulds br tinier personal property, 6erefae, It Is romormesdd by "weer diet Imam srirdre purser's beeraece. 19. JOINT AND SEVERAL lig/NUTT: All *sat(") are Wetly gad seven* Malik for all nm mar other ease dee to persesm to 6b metal agnemest. Said %isWity shaP consent aril ail ealel(s) ad other oc mem beet vacated the premiss, cad the prancer have bete vaunted to the owner 20 MORTGAGE: This armament shall be subject and earthier at all tuna to the lien of seating maws, deeds of trust, and financing satessaus upon leased property, odd of mortgagee deeds adeue and Neseciag sbtaema wbith hereafter may be made a Gen on the leased mealy, sod b say taaeasi, modifications, coeaidstioa, repistesmet ad admire of any etch existing or future mortgages, deeds attest aced freeing starriest, Although no remand or act ens for pert of 6e roar Mad be meceseary to effectuate stab "abord nation, tarot will, emerdidas, execre and deliver sacb f r6er esGmunts rbotameig the simmer to the hen of any such mortgagee Deeds d tort, or fiseciel ssatamena as nay be desired In the anrttape. Team horsey appoint owner his enemy in (act, irrevocably, to execute re deliver cry such Merman for tenant 21 CONDIMNATION. lithe oboe of Ire property en rguch doe prams are located, or such ponioa thacofa will make rise property emd ct the premier immutable for the papoose basin leased, is sold soda drat of widamalioa or is condenerd for my public use ee purpose by any legally a estinged ethotily, then es earar of met weal Ibis gasssns shall came ad Wreak from time when poseariosa tales by public odhonty and rental dad be accreted for bearer' owner red the tenant at Ire date of the eatceder of 7.11 OM reida Page 3 of 4 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan posxssiorl Tenant shall have no clam sSeimt owner or the condemning authority for the unexplored tam of this agreement 22 GENERAL PROVISIONS: All tams, coveters' and conditions ham are bodies upon amen to the benefit of the heirs, manors and assigns of owner and tenant. This agreement constitutes the enure agreement between the parties and recites the entire consideration of the parties, and no ccpssmtation or off agreement not described m westing sod no ore/ evidence may be offered to support such claim having been made by either party or their arms Fibre by owner b enforce the provision herein in raped to say breach of my tesuu, covenants or condition of this averment shall not constitute a waiver of the liaure right to enforce nib provisions 23. ATTORNEY'S FIE AND COSTS. Tenses arAaowleddes that if any legal erica or proceeding to enforce the tams of this agreerne l is neoawry. The prevailing patty in such action is entitled to raeovery of a reasonable attorney fee and nosh of such action w addition to all other mounts owed, to @e anent authorized by state law. 24 RENTAL AP?UCA TTON. Attaahad bade as Exhibit B is a rental spoliation mooned by Meats sada the penalty of petjury. In the evens that nay mforoatioa upon tmt's rental application i Incorrect or is unverifiable Melt bimetal infomuuon wdl constitute a material and irremediable breech of this r I apeaaae as the exam" of such infoteutl{on is a condition precedent to tenant's entailment to the henchmen of this agrerahmt, and the owner may evict after service of a 3 dtly notice to It is the respoasibitity of the tenant to update owner regarding any amps of the mkcmation on the animation,e+pr • employment udorrnation. • 25. NOTICE TO VACATE: Owen and tenant Agree that the leasehold will tanning on the stove.etted dam only noon *mutes notice Gam ether petty misty (30) days pesos to said 'antiunion dace. If temt fads to save each mace ost Mans, the parties agree to centime the teruncy ream b math, subject to moan to monde additional rent of325.00, subject to the rsghtq(puua 1o'ttclotiate agreements agreeable to both. Lessor egrets to serve notice on tart deny pl*Ied revision in reran paymeaht:tti6ty (30) days poor b the effective tine of such a chsge. I( ray pit nowt peopaty balconies ta*e leapt is left in the ammo or *keys are not named, the foram sahhast a deemed in control of the maenad and thaefoee mbjeot to set lability until iha keys are recant sad the pagoda! property is removed State Ian provides that a madam baldlef war after seeks date h ghat le Ernie far triple rest ter each *list how the aparsamt beyond the date dues. 26. NOTICE Magaa's Law: The California Deportment of Justice, 'hairs dgrtmabpr. Wise *enema serving jur ethetioe of 200,000 or more, sad many other local law enfoscvsMil_,t sumondes martin far psbbc aeoa d&W n maam of me locations of pawnragond to register pursuant to pasgrapb (1) of twbdivisioi Wat Section 290.4 of the Peed Code. The der abame a updated on a quarterly bads and a source of information ahoutthe proems of thin YavitW as nay mighbminod The Depatanmt of usuee also maintains a Sex Offender Idestificatioe tine thtoughvrfiiph inquires abaju igdivsduds may be made. This is a "900" telephone service Callas must have specific information about iodividude they are chalks off Information regarding neighborhoods is not available through the "900" telephone service. 27. NOTICE TO TENANT. Dead sign this agreement or any ?ached hereto if there steam Wear space or incomplete serrtmaa By execution of this rental anmemantmat aclmowledve receipt of a oompiskly filled in metal agreamsm sod enactments as sea forth in this rental maenad Subject b the stare seated Iron. Owner betd7. setnowiedrueaspt of the above slate mart amotmt. ad in consideration thereof. taus to the dove -mud teed (whether one or snore) sod lard hereby tees from owner, the apenmerit described above to be used by talent as a beast resident upon tea semis Ipeafabgve set forth. each of which ere coverts as well a condition. IN WITNESS WHEREOF thepertis hereto have executed this agreement as of die date Ind year fiat widen above at • • Queer's Ages* CA. moil IMr Tenant or Occupant Page 4 of 4 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan rpm COMPANY ADDENDUMS TO THE RENTAL AGREEMENT This agreement/addendum to the rental agreement, entered into this day of , 200 , by and between , Owner and , Resident concerning the premises known as Apartment # at ,CA I. CRIME/DRUG FREE HOUSING In consideration of the execution or renewal of a least of the dwelling unit identifiediithe lase. Owner and Resided agrees follows: Resident, any member of the resident's household, or a guest brother person ander the resident's control; a Shall not cngage in airend activity, including drdig-rehdedaiminal activity, as or naiproject premises. "Drag -teased criminal auivity" means the diesel abeadahiling, sale, arose of is ooaaolled substance (a dented in section 102 of the Controlled Sub1(giotss Act (21 11.8.C.1102)). • b. Shall not engage in any crimind activity, including durg-rdated erhoiai =ivhty, on or near project premises c Win not permit the dwelling unit 10 be used for, or to facilitate, airmn al.ictivity, including, but not limited to, dung -related activity, aga dress of whethecthe individual engaging in such activity is a member of the household or a West d. Will not agape in the osaufai turieg, sal or digtibutioa of illegal drugs at any location, whether on or near project premises or otherwise. - e. Shall not engage in acts of violeupe or thins of violets*, )nchding, but not binned to, the unlawful discharge of firearm:, on or near the psiitot presiaes. f VIOLATION OF:THE ABOVE P1ti0VIstamtAMALL BE MATERIAL VIOLATION Of THE LEASE AND GOOD CARSEIV/ITERMDAATIONOrTENANCY. A single violation of any of the provisions of tide addendum shall be dected.a Seldom videtioo and a material NONCURABLE, bleach of the lest Unics othenvire p Eby biri,Mt t of violboa shall not require criminal convicdot, but shall be by a g. In.teaue of conflict between * provisions of this addendum and any other provisions of the lease, the preiteiws of the addendum shall govan. h This Leak itddeedtrm is incarnated into the lease executed or renewed this day between Owner and 2 USE OP PATIO/RALCONIES 1g..11. INl1d) It is hereby agreed between the Owner, hereafter referred to as lessor and the undersigned, hereafter referred to as leaaeo(a)as follows- a As these is a fence sursarmdwg the patio or balcony area of the leased premises, the placing or storage of any lama, or hanging of clothing cm the patio or balcony area, would seriously dews from the appearance of the complex tied tlwefose is prabbioed b. Lessee(s) shall not a any time shake or hang front the windows, doors, patio or balcony areas, any linens such as the following: Clothing. bedding, Curtains. Bongs, Maps, or items of say aware c. Lessee(s) shall not keep, place or sore items of any type, other than plants or barbecue equipment on or about the pado or bdcody area for any period of time. Mimes should be presentable and not placed on reclines, which can case premature detatioration of the railings. d. Lessee(s) shall not display or hang signs, advenrsemeats, notices, flags, hennas, or any decorative items on the patio or balcony. e At no time should there be any alterations includug exterior shades, dividers, lattice, soaring, ntc. Page 1 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan f At no time should there be any interior or exterior window coverings other than the standard blinds and draperies. No towels, blankets, foil, etc. hangigg in the windows. g Lessee(%) shall not throw cigarette butts off the patio, balcony or anywhere on the premises. Must use appropriate dispense for ashes and cigarette butts. h. Lessee(s) shall not store trash outside their door areas, must use provided trash receptacles. 3 SMOKE DETECTOR/ALARM AGREEMENT The Premises is equipped with * smoke detector/alarm Resident agrees, as further consideration for the rental of the Premises, as follows. Resident will be tespoesibie for testing the: smoke alum by pusbing tthc -Tat" button on the detector for five seconds. It is recommended that you test the detector/alarm weekly. The alarm should sound when the button is pushed If there b so sound, Raided dial Worts Owner or Authorised Agieet iraatediasely is writing. By initialing as provided, Resident understands that the smoke detectoda1mM is battery operated and agrees that it is the Resident's responskility to ensue that the battery is in operating condition* all times. If after replacing the battery, the smoke deteetor/alarn will sat operate, Resideet will inform Owner or, authorised Agent immediately in *Miss 4. MAINTENANCE AUTHORIZATION By labia& as provided, Resident tmdertta06t and allows our mllotenance staQlo enter their apartment to perform maintenance requests, in the event they.me not at hdtae. By Whaling as provided, Resident aoderatandraod prefect that ow mainteoamce staff NOT enter their aparmtere to perform maintenance request, in the event lbsy are not home. It is also understood that the maintenance bows are Monday through Fnday, beteeea 9:00 a.m. and $b0 p m and that no appointments can be scheduled after boars. Any e1TM _-was IS of newer er ^^t wiiibe taken are of via the after boun call back number _ In the event of repeated maintenance ivaaa;;{ie.. unclogging items from tenets and disposals, torn screens. etc...) Resident is subject so maintenance aid replacement cost. 5 RENTER'S INSURANCE Lessor strongly recommends thralessee mafaaju (at lessee's sole expense) a standard type of Renter's Homeowner Itmusmce Policy. or its equivalent, which provides limits of liability adequtts to protect lessor's and other resident's property. ant MU as lessee's personal property from loan by Are, burglary, water and other perils. It is understood that in the abseaco of Itch imauanoe the Twice, in the event of fire or other penis outside of lessor's control, could incur a substantial 9nimiel burden. • Lessee hereby reIesma from any aid all dents for damages or loss to lessee's penwal property in, on, or about the premises that are 'amend by or Riutt ftoet risks which are or would be taarned under the immune nce described above, and hereby waives any and all rights of recovery and rights of subrogation against lessor in cormectioo with airy damage or claim which is or would be covered by such insurance except for damage resulting from the negligent acts of leant'. • 1/We will be obtaining renter's romance from: Carrier A Agent. l/We«ilt NOT be obtaining renter's insurance and will be personally responsige is accordance with above addendum.. 6. LEAD PAINT WARNING STATEMENT ear IL. IUU rdf Housing built before 1978 may contain tead-bared paint Lead from paint, paint chips and dust can pose health hazards if not taken care of properly. Lad exposure is especially lranalud to young children and ptegmnt women. Before renting pre-1978 housing. landlords must disclose the presence of known lead -based paint and lead -based paint hazards in the dwelling. Residents must also receive a federally approved pamphlet on lad poisoning prevention Lessor's Disclosure. Page 2 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan a. Presence of lead -based putt or bad -based paint hazards (chock or below) ❑ Known lead-besed paint and/or lead -based paint hazards are present w the housing (amain) ❑ Lessor has NO knowledge of lad -based paint and/or lead -based paint hazards in the housing b. Records and repots available to the lessor (check one below) ❑ Lessor has provided the lessee with all available records pertaining to lead -based pant and/or lead -based paint hazards in the housing (fist documents below) ® Lessor has NO reports or records pertaining to lead -based paint and/or lead -based paint hazards an the housing 7 "NORMAL WEAR AND TEAR" It is the interpretation of the concept of `Normal wear sad Tear' that dirt is 2,tre included as penal wear and tear The aperune t was clean aid sanitized prior to your oaapaocy and therefore, Meg,* the solide st's coat to return the Rename to that condition. ANY etun u►r �. p v►rtrur[: AND SA r1Zn.t(I P T +T AS 1A17: : t.i. „11 f' 1 ,tl 1.1' 1, 1.1 U,:IJ "Normal war ad tear will generally include the gradual deterioration of carpeting, dtapetjrmatertsl, appliances, flumes and painting. 8. APPLIANCE AGREEMENT • Tenant agrees to pay the sum off 0 per month for the metal of appKsnee, u described below • Washer Serial a Dryer Serial N • Refrigerator Serial N Other Appiiaaoe detailed shall be placed taa/aruaent N by Lamer and shall remain in said apertment until arch time as there is a mutual aggreemeet between Tenant and Leaaor for Lessor to remove the appliance. Any change in this Agreement requires Thirty (30) days written police and Camel Lessor. Temps is responsible to maintain washer and dryeruit in reaaoaeble condition in regards to cleanliness and operability Ueda as cdrramatance is Turned to remove appliance fmm the apartment noted in this Apemen. Removal of units from apartment by tenant will Madinat; feplacanem in the smut off payable to lessor by demand. Lessor maintains the right to enter !raiment for the purpose of inspection and inventory as described in Renal Lessor maintaies the day docket from the eaaow Deposit described in Read Agreement any amounts ooceaeaty to repair or replace appdsnce di ariged by term. 9. SATELLITE Din AND ANTENNA ADDENDUM U ndet aeries of the Pfdaq) Coamumicatioe Commission (FCC), you as our resident have a limited right to install a • .atedNie diiikor mow* antenna within the leaned premises. WE as a rental homing owner are allowed to impose removable reenctions to such installation Yen are required to comply with three restecdons as a condition or installing suctimprimeent. This addealdum ooataies the tattictioma that you and we agate to fotYow. 1. Nhsiber and rise. Yoe nay initial only one seebite dish or antenna within the penises that are loved to you for your exchrave use. A satellite dish nary not exceed 24 inches In diameter. An autumn or dish may receive buy not transmit dgmds 2. Lecithin. I.ocaion of the satellite dish or antenna is minted to (I) inside your dwelling, or (2) in in area outside your dwelling such as a balcony, patio, Yard, etc. of which you have ea¢hsive nse ender your lease. [retaliation is not permitted on any pelting area, toot, exterior wall, window, window lit, fence or common area, or in an a sea that other residents are allowed to use. A'stage dish or antenna may not protrude beyond the vertical and horizontal space that is tamed to you for your exclusive me. 3. Safety and non-letesfetga. Your imwJladon: (I) oust comply with reaswable safety standards; (2) may not inlerfem with oor cable, telepbane or electrical syatams. or those of ul:ighboriog properties; (3) may not be connected to our teleconomnamration sygetns; and (4) may not be corrected to our eleetnal *• u. 11101 ors Page3of5 0111 tam RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan system except by plugging into a l 10-volt duplex receptacle. The satellite dish or antenna is persratted only on your balcony or pado and most be safely secured by; (1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) any other method approved by the Management Company. No other methods are allowed. We may require meacomble screening of the saclike dish or antenna by plants, etc., so bag et it does not impair reception. 4. Signal transmission from aterior risk er aeteaas to interior of dwelling. You may not damage or alter the leased premises and may not drill holes through outside walk, door jams, windowsill, etc. If your satellite dish or amteama is installed outride your living area (on balcony, patio or yard of which you have exclusive use under your lease), signals waived by your satellite dish or amnia may be hammitled to the interior of your dwelling only by: (1) nmmiag a "flat" table under a door jam or window sill in meaner that does not physically suer the premises and does not interfere with proper operation of the door or window; (2) running a traditional or flat cable through a pre-existing hole in the wall (that will not need to be entailed to accommodate the able); (3) connecting cable "through a window parr" similar to how an external car ameaaa for a cellular phone can be connected to inside willeg.by a device aped to either side of the window - without drilling a hole through the window; (4) wirekta barsmiadon of the signal to a device aside the dwelling; or (5) any other method approved by us. • . 5. Worimaaahip. For safety purposes, you must obtain oar approval of (1) streadt4.and type of tptteials to be used for irotaliatioa, and (2) the person or company who will perform the **Won. A qualified person or company that has worker's compensation igbain a and cede mete public heinligt irtaurance must do installation. Our approval will not be uareasoabi You ®p obtain amy:pernda required by the city for the installation and calmly with any ica oM iamian. 6. Makteoaace. You will have the sole .. , for marikkiog your a tellitsdidt or antenna and all related equipment. We may temporarily. remove tbdsatel&te delta antenna if 4ocaswy to make repairs to the building. 7 Removal cad daatayea. You mat remorvo the smell* dish or antetaitiamd all related equipment when you move out of the dwelling. You must pay for cap damages and for the cost of repairs or repainting which nay be reasonably nmegary to restore *lased premises to its condition prior to the installation of your satellite dish or antenna and Milled equipment, g. liability iaaaranee and isrmrtty. You are ftdfy'laslwuible for the satellite dish or antenna and related equipment Prior to installation, you oust provide as with evidence of liability insurance to protect us against claim of personal itywy and piopisty damage tii others related to your satellite dish, antenna or related equipment. The insurance Coven* Moat be no. las that $2,000 (which is an amount reasonably determined Weal!). a400mplish that pmposexa**u st reasin in foroe while the satellite dish or antenna remains installed. Yau'agiap.io iefend, indaatttj' and hold us (srttdaa from the above claims by other. 9. Damages. An addlHoattl deposit oR sl0o.00 is iequired to Dover damage that you will be solely responsible for, all repilr costs, darn** or failure b remove the satellite dish or antenna and related equipment at time of movr.,out will be charged to your deposit account 10. When yen am: begin butaliatba. You may pat installation of your satellite dish or antenna only after you brae: (1Vaigned.this addeadem; (2) provided us with written evidence of the liability iaanamce referred to in ptasisph'l orthis s addendum; (3) paid us the additional murky deposit refereed to in paragraph 9; and (4) received our written approval of the imnllalion materials and the person or company who will do the installation. 10. MOLD NOTIFiCATION It hr our gnat to maintain the highest quality Irving environment for ow residents. Therefore know that RPM Company, agent for . has inspected the unit prior to lease and knows of no damp or wet building materials and knows of no. Mold or mildew contamfrzstion. Resident is hereby notified dwt mold, however as grow if the premises am not properly maintained or ventilated. 14 raoistme is allowed to accumulate in the unit, it can cause mildew. and mold to mow. It is important that residents regularly allow air to circulate in the apatt ent It is also important that residents keep the interior of the wart clean and that they plompdy notify RPM Company, agent for of any oaks, moisture problems, , andlor mold growth. Resident agree to maintain the premises in a manner that prevents the occurrence of an infestation of mold or mildew in the premises. Resident agrees to uphold this responsibility in pert by complying with the following lirt of responsibilities: 1. Resident agrees to keep the umt free of dirt and debris that can !arbor mold. ern Ile ❑Al 403 Page 4 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan malls UAI Sdf 2. Resident agrees to immediately report to RPM Company, agars for any water intrusion, such as plumbing lets, drips, or "sweating" pipes. 3. Resident agrees to notify RPM Company, agent for of overflows from bathroom, kitchen, or unit laundry facilities, especially in cases where the overflow may have permeated walls or cabinets 4. Resident agree to report to RPM Company, agent for any significant mold growth on surfaces inside the premises. 3. Residers agrees to @low RPM Company, agent for to eater the unit to inspect and make necessary rep@ts. 6. Resident agrees to use bathroom fans while showering or bathing matt report to RPM Company, agent for any nonworking fan. 7. Resident agrees to use exhaust fans whenever cooking, dish -washing, or climb* 8. Resident agrees to use all reasonable tare to dose all widows and other opeoings in the premises to prevent outdoor water from penetrating into the inlet* unit. 9. Resident agree to clean and dry any visible moisture on -window' ss, walls, and other stafaces, including personal property. as soon as reasonably possible. (Note: Moldan grow on dares surfaces within 24 to 48 hours.) 10. Resident agrees to notify RPM Company; agent for of any prob{ap with the air conditioning or hating systems that are discovered by the redden. 11. Resident agrees to indemnify and bold hatmlesaRPM Company, agent for from any actions, claims, lopes, damages, and expenses, Winding, but not IiaYOed to, attorneys' fee that the RPM Company, agent for may sustain or incur as* result of the negligieQQe pf the resident or any guest or other person living in, occupying, or using the premise. IN WITNESS WHEREOF theps ties i eteto have executed this agreement/addendum as of the date and year fast written above at . Owner's Agent Tenant/Occupant Page 5 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan HOUSEHOLD INCOME CERTIFICATION 0 Initial Certification C Recertification C Other Effective Date: Move In Date: (MID/YYYY) Property name: Address: Unit No. # Bedrooms. Pursuant 10 1 Housing Agreement with the City of Palm Demi. Paton Desert Redevelopment Agency. a the Housing AuthOnty. Program E1pbNy and Atbrest:ON vertftestuais t0r Low and Moderate neame Households s11a11 be peAOrm.d es required by Tde 25 sheet t0 ver lcae0n procedures and requirements described therein. end es emended from lime to lime The fdtowrng outhnss how 'newel rncans rs calculated to determine house old Income elgoddy. Much Is required elate the househdd reeding In an atradable housing uNt and every year thereafter teethe compliance penal The blowog questions will assist you in completing the HOUSEHOLD INCOME CERTIFICATION When answering the questions answer 'Yes' it any d the nfamebon requested or income source pertain to any tenant. cotenant. or adult mdhRWu memoer d me baser/id (utSHd ills fa years and older) dunng the 12 months totrowing the date of the eertileeben or receMkebm. YES NO INCOME INFORMATION MONTHLY GROSS INCOME (ern soars an to M ((heal, Maw inners daMefle ,,carded by Ta/e 25 SKIM) L U I/we am see employed (Lost nature of sell employment)Du ) c from $ Li 0 Ihve have a lob and receive wages. salary. overtme pay. coirmusaions, tees. (use sow income. amount tips, bonuses, and/or other compensabon Lust the businesses and/or before any pay deductions) companies that pay you Name of Employer. 1) S TOTAL INCOME (BOX A) S Uwe receive periodic soaal security payments. $ I I iJ IMe receive Supplemental Security Income (SSI) $ TOTAL INCOME (BOX B) ( $ C 1 Woe recaive cash contributions of gibs' including rent or utility payments. on an ongoing bases from persons not Irving with meters $ Ave receive Public Assstance Income 17 0 Other $ Nssr .c TOTAL INCOME (BOX C) $ ❑ Q IMe receive unemployment benefits $ n nW., receive Veteran's Admirostrabon GI Bill. or Natrona' Guard/Waxy benshts/inoome ti n n The household receives 9oeamed income from family members age 17 or under (example Social Security. foster care. etc) $ O I I Uwe receive periodic disability or death benefts other than Social Security $ ❑ U Uwe am entitled to receive child support payments, but am not wrrently reOCMng payments (j U IMe am currently reoewng child support payments If yes. from how many persons do you receive support' $ L U IMe receive alimony/spousal support payments $ O Q l/tee receive periodic payrnents iron trusts. annuities, inheritance, retirement funds or pensions, insurance policies. Aorkars compensation and severance. nterest and dividends, or lottery winnings 1f yes. 1st soUrCes $ 1) L' 0 (Me receive income from rental, rear a pers0nar property. $ Page 1 of 3 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan HOUSEHOLD INCOME CERTIFICATION Page 2 of 3 f: YES NO O C omq Any other income? Describe source $ TOTAL INCOME (BOX 0) I $ ASSET INFORMATION CASH VALUE Uwe have a checking account If yes. list bank s 1) Uwe have a savings account If yes. list bank 1) S I I (J Uwe have a revocable trust If yes, list bank 1) $ Vwe own real estate If yes. provide description C ❑ Uwe owe stocks. bonds, or Tressury Bills If yes, list sourceslbank names 1) S sSIR n U Uwe have Certificates of Deposit (CD) or Money Market Account If yes. kst sources/bank names sod 1) $ O 0 Vie have an IRA Lump Sum PensiorVKeogh Account/401K If yes, kst bank U II 1) $ Vwe have a whole Re insurance policy If yes. how many policies S Vie have disposed of assets (r e gave away money/assets) for less than the tau market value in the past 2 years If yes. kst items and date disposed I/we raceme other tarns of capital investments LI I I If yes. describe source s YES NO STUDENT STATUS ❑ ❑ Does the household consist of persons who are all full-time students (Exemptes College/University. trade school, do ) O '1 Is student receiving financial ad (pubic or private, not including student bans) S O , Is student married and Kling a pint tax return C ❑ Is student a single parent with a dependent child or children and neither you no your chrld(ren) are dependent of another rndmdual TOTAL INCOME (BOX F) I S Page 2 of 3 moq RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan HOUSEHOLD INCOME CERTIFICATION Page 3 of 3 HH Morn HH Mix Last Name (A) Employment or &apes PART I — HOUSEHOLD COMPOSITION First Name t Middle Rslabonsnlp to Dude of Birth FIT Student Initiet Head of Household (MIDMrYY) (Y or N) Seif TOTAL HOUSEHOLD MEMBERS: R Social Security (Voluntary) PART II — GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS) (B) (C) (0) Social Secunly/Peneons Pu0frc Assrstence Omar income Add totals from (A) through (0). above TOTAL INCOME (E) e„.-. 5 PART III - INCOME FROM ASSETS 1 HH (FI (G) (H) (I) Mbr R Type of Asset CA Cash Value of Asset Mnual Income from Asset ewe ALL $5000 Asset Waiver TOTALS Enter Column (H) Tote/ e over $5.000 SO 00 X 2 00% (Passbook Rate) = Imputed Intone (J) Enter the great erne tote) et column (11 or rmhputed Income (J) TOTAL INCOME FROM ASSETS: (I() Tell Annual Household Income tram an Sources (Add (E) • (KO: (U HOUSEHOLD CERTIFICATION & SIGNATURES 1 TM mtamak a on tins lam snit be used to determne maximum income elrgbety IAve have provided inch person(s) sal ram in Part 1 acceptable venficet,on of current sntropMed annual ncarne IAse agree to notify the Ienotad immediately upon any member of the napsdhdd mown', out of the unit cr any new member mowing ern uwe sum to notify the landlord rmmedetety upon any member becoming s fuWbme student Under penalty d per)ury of the laws Of MS Stete of CRMfane. IM coney that the mlometldn presented in Me Cemhcalan is true and accurate to the best of my/our knowledge and belief The undersigned fumy understands that providing Use representations heron consteules an act of Mud. False msl.dng cr incomplete nbrmehon may result in 0e ternsnateoh d the Mese agreement Sign alive Signature (Date) Slgrhature (Dote) (Date) Signsture (Dale) Page 3 of 3 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan /V9- OO/ 1i RESOLUTION NO. HA - 22 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING OCCUPANCY STANDARDS FOR THE ALLOCATION OF RESIDENTIAL UNITS OPERATED BY THE AUTHORITY NOW, THEREFORE. THE PALM DESERT HOUSING AUTHORITY HEREBY ANDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Housing Authority (the "Authority") operates a significant number of residential units (the "Authority Units") in the City of Palm Desert, California for the Palm Desert Redevelopment Agency ("Agency'), which It leases to qualified families as part of the Agency's Low and Moderate Incarne Housing Program (the "Program") pursuant to the Community Redevelopment Law of California. Section 2. The Authority wishes to prevent Authority Units from becoming overcrowded in violation of the Uniform Housing Code as adopted by California Health and Safety Code §17922 as additional residents move in or families become too large for their existing apartments. Such overcrowding can pose a threat to the health and safety of residents. lead to parking and traffic congestion. overburden waste and sewer disposal systems and increase the financial burden on and other public use fealties In the City. Section 3. In addition. the Authority has a limited budget for the Program. As a result, the Authority does not want to waste resources or underublize Authority Units by placing famNies in larger Authority Units than are necessary. The Authority wishes to adopt a policy that establishes standards for the allocation of ap Authority Units in the Program in order to allow the Authority to prevent overcrowding and to minimize undenitlltsation M the leasing of Authority Units that are too large or too amalt for the contemplated families. Section 5. The policy wiI be applied as Authority Units are allocated to new tenants and to existing tenants as their leases expire if they seek new leases. Section 6., The Authority hereby approves the "Policy on Occupancy Standards for the Allocation of Agency Units" attached hereto as gdtibit A and awAMwr N,.M.wrwA...w.w/r - rant Oct *MOW Page 1 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan RESOLUTION NO. .A- zz incorporated herein by this reference, and the Executive Director of the Authority is hereby authorized and directed, for and in the name and on behalf of the Authority, to undertake such actions as he or she deems necessary to implement the Allocation Standards for purchasers and new tenants, and existing tenants as their existing leases expire and they seek new lease terms. PASSED, APPROVED and ADOPTED this 23d day of October, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Jrrnra ATTEST: CRITES, IE I.T. SPIEGEL. SENSOR ROVE . srsrvsoe cheile D. seen, Secretary o vmwwN.Mvrwr/ft.o..w.rw.. - raw Oa w.r OOC 4A41140-•"-- Benson, Chairperson Page 2 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan EXHIBIT TO RESOLUTION BA-22 POLICY ON OCCUPANCY STANDARDS FOR THE ALLOCATION OF AGENCY UNITS 1. Purpose. The purpose of this policy is to establish priaritias for the allocation of residential units owned by the Redevelopment Agency of the City of Palen Desert (the Agency') end sold or leased, by the Agency or the Palm Desert Housing Aulority (Authority'), se pad of the Agency's Low end Moderate Income Housing Program (The 'Program") in order to minimize rndsrutliatlon and overerowdng of such units In violation of the Uniform Horsing Code end 10 prevent'fhe wads of scarce afforded. housing resources whidn results when units are a Iccatad that are too large or too small for the family of the tenant 2. . For the purpose of this policy, the following definitions shall be used: a. Agency Units' means the units sold or leased by the Agency as pat of its Program pursuant to the Community Redevelopment Law of the Stale of California ('Redevelopment Law"). b. "Authority Units' means the unit leased and operated by the Authority for she benefit of the Agency. c. 'Eligible Ferules mean families whose total housefohd i>toonme does not exceed the limits established for to Program and R . . , t Law for famines of very low, low and moderate Income, aqus1ed for family store. d. Executive Director shall mean the Executive Director of the Agency, or his or her designee. e . 'Household shall mean the total ntrnbsr of Persons defined in 2.g. t. 'Housing Commission' shall mean the Patin Desert Housing Commission established by the City Cound on January 8, i998 by Ordinance No. set . g. 'Person' means (I) *vary person vat satisfactory identification. regardless of age, who le an Intended resident occupant of an Agency Unit during the lease term, including minor children whose parent or legal guardian hes court -awarded physical custody of at least 50% and (ill) unbom dnidren at 30 weeks gestaflon, but only where the edam of one chid world case the unit to erased the maximum in this policy. Minor c hlit en whose parent or lead gurdian has court awarded custody of Isss than 50% wi be slowed to occupy the unit during custody visit but wi not be counted as a person In determining ten unit size 10 be aiocatsd. h. "Visitor' means a person who tanporariy resides in a unit for a period of toss then 30 days per calarndar year. only fourteen of which may be consecutive. The exception are minor tidrsn whose parent or legal gue dlan have oourt awarded custody of leas than 60% who world not be Considered a visitor but rater allowed omupanry as noted under 2.g. Any person not included in the lease and ocarpying tie unit for longer than 30 days per calendar year will be considered an unauthorized occupant and a violation of the lease agreement. i. wailing List' shall mean lists maintahrod by the Agency for the purposes of ring afflordade housing at each affordable level, for both sale or leasing purposes. 2. Alloca}Icn of Units. Agency Unit that become available for sale or lease 10 new Eligible Famlies or that we occupied by Eligible Famties with expiring leases who wish to enter Into a new lease will be sold or Pape 1d3 GARDAUeggee MocneISWT ReponeWalm Desert Arregdable Hogging Alkulla Ptgcy.DOC Page 3 of 5 RESOLUTION O. 114ed11 Attachment to htte Paper a arch 3, 2008 Administrative Plan EXHIE • A TO RESOLUTION Is•-22 leased in accordance with the minimum and maximum occupancy standards below. When a unit becomes available, an Eligible Family wit be selected from the applicable waiting list based first on appropriate family size for Ya unit (within the minimums and maximums below), second on the ability to pay the rent or conventional mortgage (consistent with the requirements of the Program). In the event tat there Is a unit avatabie end there are no Etigibis Families of appropriate size, then Etgibls Fames of the most nearly appropriate size wit be assigned to or offered that unit. At no time will the Initial assignment of s unit exceed the mandmum occupants described beloltr. FOR SALE: Number of Bedrooms Studio 1 2 3 4 5 FOR RENT: Number of Persons Ms cknum at Initial I Minimum I Assignment 1 1 2 4 5 7 2 3 5 7 9 Number of Persons Number of Bedrooms 1 Madman During Minimum Occupancy Tenn Studio 1 2 3 4 6 1 1 2 4 5 7 2 3 5 7 9 11 Notwithstanding the foregoing, the minimums and maximums shall be khcrsased or decreased if, due to the size or confguratlon of the rooms in a pervaisr Agency Unit, the Uniform Housing Code adopted pursuant to Caltomia Health and Safety Coda section 17922 or the Fair Housing M. provide for a different minimum or maximum for that Agency Unit, in which case the minimum or maximum established by the Uniform Housing Page 2d3 G hRDAVtwct Motwes.SuiT ItcportaY,In Drat ARadablc Homing AIIOwUOn I'oMry.DOG Page 4 of 5 �4tt�c imen 1 Whyte Paper daAtedlGlarch 3, 2008 Administrative Plan EXHIBIT TO RESOLUTION t1A-29 Code, or the Fair Hawing Act, shell apply. In addition, in such eases that the Agency Unit is funded In whale or in part by any Federally mandated sources. the occupancy standards set forth therein shall apply. Ealg011iaLQ2SIONINLeibiktfalltaimigIUMAgjebieLtegagit For the pixposes of this policy and for the purposes of being placed on a wafting Net. the size of the Eligible Family shall first be determined as of the date the Eligible Family makes written application to the Agency for an Agency Unit. At such time as a unit becomes evelabte, the size of brie Eigbe Fatniy will be the total number of Eligible Persons at the date d the , . of the unit. If different than the Bitable Family Size at application. M Eligible Famiy that Is denied a snit based on Elpble Family Size may lie a written appal for consideration by the Executive Director d the Agency within ten (10) business days of receiving the wtftien deriil, stating the reasons for and providing documentation where possible for its de , .. L 5. Notice: Leaae Covenants. The Agency shall include ■ copy of this policy with all of its promotional and apptloatlon meleriats used to the Program after the data this policy is adopted by the Agency. In addition, al leases for new tenants In Agency Units and al leases entered into with extetlng tenants in Agency Units for firms beglhnhg alter the 1. of their grunt lessee shall include the minimum and maxhxm numbers of Persons who may reside in the unit In , . . - with this policy. along with covenants by the tenant to comply with such minimum and maximum numbers of residents. Once a unit is goaded. any videtlons of either this policy or to executed base terra will result in termbelfon of tenancy. My wilful omission of information required in the 'location process wll result in Immediate lemdna lon of tenancy. 6. State and Federal L. If any provision of this policy is inconsistent with applicable law. the provisions of the taw will prevail. Nip 3of3 G: RDAUrc► MeorASuff ReponsfNor pain A Irwdab k Nou5r$ Alleciice Policy OOC Page 5 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, RESCINDING RESOLUTION NO. HA-30, AND AMENDING THE PROCEDURE FOR SETTING RENTAL RATES AND THE IMPLEMENTATION THEREOF SUBMITTED BY: JANET M MOORE, HOUSING AUTHORITY ADMINISTRATOR DATE: AUGUST 24, 2006 CONTENTS: PDHA RESOLUTION NO. HA- 32 LETTER TO RIVERSIDE COUNTY AUTHORITY DATED 8/23/08 Recommendation• By Minute Motion. that the dousing Authority. Waive further reading and adopt Resolution No. HA-32 , a resolution of the Palm Desert Housing Authority. rescinding Resolution No. HA-30, and amending the procedure and implementation for setting rental rates for Palm Desert Rousing Authority operated rental units. Executive Summary: Approval of this request will rescind the previous resolution in order to effectuate the Intent of the origInd policy and authorize the Palm Desert Housing Authority (the'Authodty') to amend the procedure for setting the rental rates annually for unit (the 'Units') owned by the Palm Desert Redevelopment Agency (the `Agency'), as well as the imptementstlon process. Discussion: The purpose of amending the previously approved resolution is to be abls to Implement the rental rate Increase as It pertains to those tenants who are being additionally assisted by other public, federal, or local agencies end those Individuals requiring a 12-month lease. Tenants that are currently assisted by other public, federal, or local agencies would not be affected by the rental rate increase being realized In Its entirety because the subsidising entity would absorb most of the increased amount. Additionally, most of these entitles only 'Savior Increases on an annual basis and which ls' — i, , with the current approved implementation plan. The revised method of implementation would allow lease renewals every 12 months for those who are additionaiy assisted or for those who require 12-month leases. Page 1 of 5 RESOLUTION NO. HA-38 Attachment to White Paper dated March 3, 2008 Administrative Plan Staff Report ResokM on of PDHA rescinding Resolution No. HA-30 and Amending Procedure for Beene Rental Rates end Implementation Thereof Page 2 of 2 August 24 2000 Therefore, in order to ad(ust rents annually with more continuity, staff recommends that the implementation process for setting rental rates be amended to Include that where the Implementation affects public, federal, or local assistance, or In instances where 12-month leases are required for other purposes, and the increase to the amount the tenant will pay Is less than $50 per month, the balance of the entire rental rate increase will be paid. Staff recommends approval of the resolution amending the procedure and implernentatlon process for setting rental rates annually. The Housing Commission reviewed this request on August 9, 2006 end is forwarding the request for Anal review and action. Submitted by: Department Head: JMM:JG:pi r64o2%0001W2s112.2 went/Housing Paul S. Gibson, Director of Finance 4fra `dlY HOUSG AUT H ON $-ay-0(,F VERIFIED 8Y: %1 Original on tile with City arks Office Page 2 of 5 ewe twee RESOLUTION NO. HA-38 Attachment to White Paper dated arch 3, 2008 Administrative Plan RESOLUTION NO. HA-32 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY RESCINDING RESOLUTION NO. HA-30, AND AMENDING THE PROCEDURE FOR BETTING RENTAL RATES AND THE IMPLEMENTATION THEREOF WHEREAS, the Palm Desert Housing Authority (the "Housing Authority') wishes to set forth a procedure for the Chief Administrative Ofiloer or his designee (the "Chief Administrative Officer') to set and implement rental rates annualy for units owned by the Palm Desert Redevelopment Agency ('Agency Unite) and to increase rents charged for Agency Units in accordance with such rates; NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Chief Administrative Officer shall set maximum rental rate amounts for Agency Units to be effective eaoh year on July 1't In the following manner: A. For Agency Unite acquired, developed, rehabilitated, or otherwise assisted, which are required to be available to and occupied by persona and families whose income Is between 20 percent and 85 percent of the area median Income, mardmum rental rates shall be established In a ocordanoe vrfth the terms of that certain Stipulation for Entry of Judgment In Case No. Indio 51143, as subsequently amended (the `Stipulation"). B. For all other Agency Units, (1) Immediately upon adoption of this Resolution, the Chief Adminletralvs Officer shall set maximum rental rates as recommended by the appraisal analysis conducted by Sweet & Associates dated December 31, 2004 and on file In the office of the Housing Authority wry. �) Beginning In Apre of 2006, the Chief Administrative Officer shall cause to be conducted a bt-annual survey of area market rental rates for rental units similar In sire end unit mix to the Agency Units and shall eat maximum rental rates In eooadanoe with the survey results. For example, the market rental rate for a two -bedroom unit In a duplex may be established as the maximum rental rate for a two -bedroom Agency Unit In a duplex. (III) In the intermediate year between surveys, the Chief Administrative Officer may Increase maximum rental rates by the same percentage as the percentage Increase from the previous year to the current year in area median income. Page 3 of 5 RESOLUTION NO. HA-a3$ Attachment to White Paper date arch 3, 2008 Administrative Plan RESOLUTION NO. tIAM (Iv) The Chief Administrative Officer may establish maximum rental rates at an amount that Is less than the market rental rate to compensate for an unusual property condition. (v) In no event shall the maximum rental rate for any Agency Unit exceed the affordable rent for that unit as calculated In accordance with Health and Safety Code Section 50053. Section 2. Implementation A. For those Agency Units desaibed in Section 1 A hereof, after proper notice has been g wen, the Chief Administrative Officer shall set the rental rate for each unit determined pursuant to Section 1 A B. For aN other Agency Units, after proper notice is given, the Chef Administrative Officer shell set the rental rate for each unit at the maximum rental rate determined for that unit. Any rental rate Inasasa shall be Implemented In the following manner (i) For vacant units, the full amount of the rental rate increase shall be implemented Immediately. (11) For occupied units, (a) If the lncaase to the amount the tenant *IN pay per month Is less than or equal to $50, the fuM amount of the rental rate increase shall be Imptenrentod at lease renewal. and (b) If the increase to the amount the tenant wilt pay per month is more than $50, the rental rate shall be Increased by $50 at lease renewal and by f$50 every abc months thereafter until the rental rate equals maximum rental rate, or at the two-year anniversary of the original implementation of the rental rats the balance of the entire rental rate increased will be paid. and (c) lithe unit or the property on which the unit Is located is in need of renovations, the rental rate Increase may be deferred unto completion of the renovations or the tnorease(s) may be lees Ulan otherwise provided for pursuant to subparagraphs (0 and (II) of this paragraph B. Page 4 of 5 RESOLUTION NO. HA-380 Attachment to White Paper dated March 3, 2008 Administrative Plan RESOLUTION NO. }NA-32, (d) Where the implementation affects public, federal, or local assistance, or In instances where 12-month leases are required for other purposes, and the increase to the amount the tenant wql pay is less than $50 per month, the balance of the entire rental rate Increase will be paid. Section 3. Tenant income In all cases shall be adjusted for family size and shall be sufficient to pay affordable rent as determined for that unit In accordance with the Stipulation or Health and Safety Code Section 50053. Section 4. The Chief Administrative Officer may take any other action, which he believes Is neoessary or desirable to implement this resolution so long as such action is not Inconsistent with the intent hereof. PASSED, APPROVED and ADOPTED by the Palm Desert Housing Authority, this 24mi day of August, 2008, by the following vote, to wit AYES: BENSON, KELLY, SPIEGEL. and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: R/CCH LLE . , SECRE MO PALM DESERT HOUSING AUTHORITY Page 6 of 5