HomeMy WebLinkAboutFY 08/09 - Admin Plan for HA - AH Rental Units CITY OF PALM DESERT
FISCAL YEAR 2008-2009
Item 8
Palm Desert Redevelopment Agency/Palm Desert Housing Authority
WHITE PAPER
SUBMITTED BY: JANET M. MOORE, DIRECTOR OF HOUSING
DEPARTMENT: REDEVELOPMENT AGENCY/HOUSING DIVISION
SUBJECT: ADMINISTRATIVE PLAN FOR THE PALM DESERT HOUSING
AUTHORITY PERTAINING TO THE MANAGEMENT AND
OPERATION OF THE AFFORDABLE HOUSING RENTAL UNITS
DATE: MARCH 3, 2008
EXECUTIVE SUMMARY
The Administrative Plan ("Plan") memorializes the policies and procedures under which
the Palm Desert Housing Authority ("Authority") currently operates, for the
administration, management and operations of the affordable housing rental units in its
portfolio. The Plan includes policies such as affirmative marketing procedures, tenant
selection, waiting list procedures, eligibility, recertification requirements, leasing policies,
and grievance process.
The Authority is required by the Department of Housing and Urban Development (HUD)
to have an approved administrative or management plan that cover specific policies,
such as tenant selection, for select properties in its portfolio. In order to establish
policies and procedures that are consistent for the portfolio, staff compiled its existing
policies into an administrative plan for formal approval. The Plan will apply to properties
("Properties") identified in the Plan as well as properties that may be owned, operated,
restricted or otherwise controlled by the Agency or Authority from time to time.
BACKGROUND
The purpose of the Plan is to establish program guidelines, policies and procedures as
a framework for the management, rental, improvement, preservation, maintenance and
affordability of the Properties identified in the Plan as Exhibit A as well as properties that
may be owned, operated, restricted or otherwise controlled by the Agency or Authority
from time to time.
The Administrator of the Plan shall be the Authority regardless of funding source or
ownership of the Properties. 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 authorizations provided in the Authority Bylaws. In matters where the
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March 3, 2008
Authority has discretion, clarifications of existing policy shall be determined by the
Executive Director or his designee.
The Authority is responsible for the day-to-day operations of the Properties and is
further authorized to do all acts necessary or appropriate in connection with the
operation, management, repairs and rehabilitation. Consequently, instituting and
maintaining the Plan as a means of communicating policies and procedures to very low,
low, and moderate-income households of the restricted units at the Properties, will
assist in promoting an affordable housing program pursuant to the Fair Housing Act as
well as the enforcement of the requirements thereof.
The Authority is required by HUD to have policies in place that cover specific
procedures, such as tenant selection, at select properties in the portfolio (due to funding
source requirements). Rather than to be property specific, staff recommends a
comprehensive compilation of policies and procedures applicable to all the Properties.
This is beneficial to the Authority by encouraging consistency amongst the entire
portfolio. As such, staff memorialized the Authority's existing policies under which it
currently operates to develop the Plan.
The Authority's policies are derived mainly from state law including fair housing law,
redevelopment law and regulations issued by the Department of Housing and
Community Development (HCD). As affordable housing program regulations and/or
local policy are revised, the Plan will be amended. In the absence of legal requirements
or HCD guidance, industry practice may lead to Authority policy.
The Authority's current management company, pursuant to their contract with the
Authority, must implement any management or administrative plan provided by the
Authority. Given that the Plan memorializes the existing policies, it is expected that
implementation will be seamless.
GOALS
To establish policies and procedures that are consistent with applicable law as well as
local goals and objectives. To encourage, maintain and preserve the supply of
affordable housing in the City. To encourage, maintain and preserve the condition of the
Authority's affordable housing portfolio in the City as well as the compatibility amongst
the community.
MULTI-DEPARTMENTAL IMPACTS
The Plan is consistent with City policy and will be administered through the contracted
management company and should not impact other City Departments.
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March 3, 2008
DEPARTMENTAL IMPACT
The Redevelopment Agency is tasked with increasing, improving and preserving the
supply of very low, low and moderate-income housing. The Plan will provide a
management and administrative framework in order to assist the Authority in that
endeavor.
FISCAL IMPACT
Approval of the Plan will have no fiscal impact.
RECOMMENDATION
Staff recommends that the Agency Board and Authority Board jointly approve and
accept the Palm Desert Housing Authority Administrative Plan as well as the authorities
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.
Submitted by: Department Head:
,an M. Moore Dave Yrigoyen 'Y
Director of Housing Director Redev pment/Housing
Approval:
Justin arthy, ACM Redev ent Carlos L. Ortega, Executive Director
ATTACHMENTS
• Administrative Plan, including Exhibits A- F
• Sample Residential Lease and Addendums - "House Rules"
• Sample Household Income Certification Worksheet
• Agency/Authority Resolutions HA-22 adopting an Occupancy Standard
• Agency/Authority Resolutions HA-32 establishing a Rent Setting Policy
RESOLUTION NO.
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY
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 REDEVELOPMENT AGENCY HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Palm Desert Redevelopment Agency (the "Agency"), in cooperation
with the Palm Desert Housing Authority (the "Authority"), has established an affordable housing
rental program (the "Program") for very low, low and moderate income residential homeowners in
the City.
Section 2. The Agency 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 Agency hereby 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 Redevelopment Agency, this
day of_2008 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jean M. Benson, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
RESOLUTION NO.
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 _
day of_2008 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jean M. Benson, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
PALM DESERT REDEVELOPMENT AGENCY-- PALM DESERT HOUSING
AUTHORITY
ADMINISTRATIVE PLAN
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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.cityofpalmdesert.org
Version 1.0
6/2/2008 11:05 AM
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 Consent/Verification 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 History/Verification 15
4.2.3 Self-Employment 15
4.2.4 Lease Income Requirement 15
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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
4.4.1a 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 History/Verification 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
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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
7.2.1 a 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
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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 establish 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.
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Administrative Plan 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 Bernardino Metropolitan Statistical
Area (SMSA), as determined and published annually by the United States Department of
Housing and Urban Development ("HUD"), pursuant to California 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 governing body for the Authority.
Caretaker—see Live-in Aide.
CCR—shall mean the California 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.
City— shall mean the City of Palm Desert.
Management and Operations— Rental Units Effective 7-1-08
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Administrative Plan Section 1 Definitions
City Manager—shall 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 California 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
concerning 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
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 Category — 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
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Administrative Plan Section 1 Definitions
Manager- 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 California Health and Safety Code Section 50093 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.
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 Housing Agency- 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
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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 California Health and Safety Code Section 50105 and Title
25 of the California Code of Regulations Section 6910, et seq., as the case or context
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Administrative Plan Section 1 Definitions
may require, as such statutes and regulations may be amended from time to time;
provided, however, that such income is at least 20 percent of AMI.
Wait List Eligible Households — shall mean persons and families who have provided the
documentation and/or information required demonstrating that they meet the minimum
eligibility requirements to be placed on a waiting list. (See Section 3.3)
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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 all 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 governing 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 govern. Reasonable, necessary steps will be
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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.
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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.
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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.
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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. Emergency 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.
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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. Required 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. Requested 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 governed by this Plan.
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Administrative Plan Section 4 Applications and Household Qualifications
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 returns, pay
stubs, bank statements, unemployment earnings statements, and disability or social
security earnings 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.
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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 Requirements. Lease holder(s) 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 HistoryNerification. 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 returns 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 '/2 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
furnished, i.e. canceled checks.
Section 4.2.6 Credit Requirements. 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.
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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 Eligibility. 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 Changes 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 Housing 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;
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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.q. 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, government 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.
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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 APPROVAL/DENIAL. 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.
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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 Crime/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
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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 1st 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 5th 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
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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 alternate 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
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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 Request 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
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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 earnings 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
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Administrative Plan Section 6 Recertification Requirements
Section 6.1.2.g 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.
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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 During 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 Request 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
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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 7.2.1 a 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
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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-Payment of Rent. Processes for non-payment of
rent and the procedures for filing an unlawful detainer will follow the procedures as
outlined in the California Code of Civil Procedures and the California 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
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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
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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
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Administrative Plan Exhibit A
EXHIBIT A
PALM
DESERT HOUSING AUTHORITY PROPERTIES
MULTI-FAMILY APARTMENTS
# Units Telephone
ONE QUAIL PLACE 384 (760) 568-9835
72-600 Fred Waring Drive
DESERT POINTE 64 (760) 340-6945
43-805 Monterey Avenue
NEIGHBORS 24
73-535 Santa Rosa Way (760) 836-1455
TAOS PALMS 16
44-830 Las Palmas Avenue (760) 340-6945
CALIFORNIA VILLAS 141 (760) 345-0452
77-107 California Drive
LAGUNA PALMS 48 (760) 836-1455
73-875 Santa Rosa Way
COUNTRY VILLAGE 66 (760) 568-9835
42-455 Washington Street
PALM VILLAGE 36
73-650 Santa Rosa Way (760) 836-1455
SAGE CREST
73-775 Santa Rosa Way/44-200 San Pascual 14 (760) 674-1139
SENIOR APARTMENTS
LAS SERENAS 150 (760) 773-9040
73-315 Country Club Drive
THE PUEBLOS 15
73-695 Santa Rosa Way (760) 568-3640
PUEBLOS EAST 4
73-697 Santa Rosa Way (760) 568-3640
CATALINA GARDENS 72 (760) 568-3640
73-600 Catalina Way
CANDLEWOOD 30 (760) 568-3640
74000 - 74002 Shadow Mountain Drive
LA ROCCA VILLAS 27 (760) 773-9040
42-135 Golden Eagle Lane
Management and Operations—Rental Units Effective 7-1-08
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Administrative Plan Exhibit B
EXHIBIT B
NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK
INFORMATION BY TYPE OF FUNDING
SOURCE OF INFORMATION FEDERAL FUNDS INVOLVED FEDERAL FUNDS NOT INVOLVED
INFO INVESTIGATION DISCLOSURE & INVESTIGATION DISCLOSURE &
CONSENT CONSENT
Law Illegal Drug Use Required Housing Auth. May obtain Must notify
enforcement must require & applicant, if
agencies applicant must basis for denial
consent
Drug Use that Interferes with Required Housing Auth. May obtain Must notify
Health&Safety of Others must require & applicant, if
applicant must basis for denial
consent
Sex Offenses Required Housing Auth. May obtain Must notify
must require & applicant, if
applicant must basis for denial
consent
"Serious"crimes May obtain Must notify May obtain Must notify
• murder, mayhem, applicant, if applicant, if
rape,burglary basis for basis for denial
• hate crimes denial
• offenses re firearms/
explosives
• felonies involving
drugs,alcohol
• domestic violence
Juvenile Records Prohibited N/A Prohibited N/A
Arrests Not Resulting in Prohibited N/A Prohibited N/A
Conviction
State / Social Security Numbers Required Housing Auth. May Obtain Application
Federal must require & must indicate
Government applicant must disclosure is
consent voluntary
Citizenship/Residency Info Required Housing Auth. Prohibited N/A. But, if
must require & Housing Auth.
applicant must Has unsolicited
consent evidence that
applicant is
undocumented,
it must reject
the application
Income /family composition & Required Housing Auth. Required Housing Auth.
tax info,to verify eligibility must require & must require &
applicant must applicant must
consent consent
Credit Investigative Consumer Report May Obtain Housing May Obtain Housing
Agencies • Credit History Authority must Authority must
• Character notify applicant notify applicant
• Reputation
• Personal
characteristics
• Mode of living
• Convictions May Obtain, Housing May Obtain, Housing
• Civil Actions but only if Authority must but only if Authority must
• Tax Liens credit agency notify applicant credit agency notify applicant
• Outstanding has verified has verified
Judgments info within info within
30d of 30d of
disclosure disclosure
Management and Operations—Rental Units Effective 7-1-08
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Administrative Plan Exhibit B
SOURCE OF INFORMATION FEDERAL FUNDS INVOLVED FEDERAL FUNDS NOT INVOLVED
INFO INVESTIGATION DISCLOSURE & INVESTIGATION DISCLOSURE &
CONSENT CONSENT
• Bankruptcies more Prohibited N/A Prohibited N/A
than 10y prior
• Civil judgments more
than 7y old
Public Relevant background May Obtain Must notify May Obtain Must notify
Records information applicant, if applicant, if
Obtained • Creditworthiness basis for basis for
From Other • Credit standing denial. denial.
Sources; • Credit capacity Consent Consent
Interviews • Civil actions recommended. recommended.
with • Convictions
Neighbors, Tax Liens
Friends & • Outstanding
Associates Judgments
• Character
• General Reputation
• Personal
characteristics
• Mode of Living
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
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. 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
Effective: 07/05/2007 Locality: East County
Dwelling Unit Size
OBR I 1BR 2BR I 3BR 4BR 5BR I 6BR
Heat GAS/PROPANE $14 $20 $26 $31 $40 $46 $51
ELECTRIC $27 $37 $48 $59 $75 $85 $96
Air Conditioning $7 $10 $13 $16 $20 $23 $26
Blower (Evap Cooler/Heat Exchanger) $1 $2 $2 $3 $4 $4 $5
Cooking GAS/PROPANE $2 I $3 $4 I $5 $6 $7 I $8
ELECTRIC $5 $6 $8 $10 $13 $15 $16
Other Electric(Lighting and Refrigeration) $12 $14 $18 $22 $28 $32 $36
Water Heating GAS/PROPANE $6 $9 $11 $13 $17 $20 $22
ELECTRIC $13 $18 $23 $29 $36 $42 $47
Water Service- Domestic Use $14 $20 $25 $31 $39 $45 $51
Water Service- Evap/Swamp Cooler $11 $15 $19 $23 $30 $34 $38
Sewer $20 $20 $20 $20 $20 $20 $20
Trash $21 $21 $21 $21 $21 $21 $21
Refrigerator (if supplied by Tenant) $4 $4 $4 $4 $4 $4 $4
Stove/Range (if supplied by Tenant) $4 I $4 $4 I $4 $4 I $4 I $4
This chart is current from 07/05/2007 through 06/30/2008.
Deanna Lorson, Managing Director
Management and Operations—Rental Units Effective 7-1-08
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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
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
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
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
Administrative Plan Exhibit F
EXHIBIT F
HOUSING AUTHORITY PROPERTIES RESIDENT SERVICES BUILDINGS
"HOUSE RULES"
GROUP USE PRIORITIES
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.
Management and Operations— Rental Units Effective 7-1-08
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 alternate 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.All 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
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 governing 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
, 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
Attachment to White Paper dated March 3, 2008
Administrative Plan
rpm rental agreement
COMPANY
1. EFFECTIVE DATE AND PARTIES:This agreement was made and entered into this day of 200
between RPM Company agent for (Hereafter called"Owner")and (Hereafter jointly called"Tenant"). Other occupants
none.
2. PREMISES:Owner agrees to lease to tenant the premises described as apartment#&parking space# at , ,Ca.
3. OCCUPANCY: The premises shall be used only for residential purposes and not more than persons shall reside there at
anytime.
4. TERM AND RENT:The premises are to be occupied by tenant(s)for the term commencing`on':: ,200 ,through
200 at a lease term rate of$ less Utility allowance of$,Net rent$,payable to ,owner,delivered to the Apartment
Manager or any of our on-site management staff,at .,apartment manager's office(or such otherplace or 24 hour drop box,where
appropriate,as owner shall from time to time designate in writing),during normal office hours o0, without deduction or offset of
any kind,in advance and without demand in or before the first day of each calendar month. Management staff carfbe contacted at 760-
for any questions or concerns.Tenant shall pay rent for the first full calendar month at the time of exeeiit*gn bf this lease.
A. If the term of this lease does not begin on the first of a calendar month or end on the last day of a erilendar month,the rentfor such
shall be pro-rated on the basis of a thirty-daymonth. The
P Pro-rated rental from the date of move-in ta.tie first day of Me following
month is$0,to be paid as move-in monies in the form of a cashier's check or money order. Tenant's right to;possession is
expressly contingent upon the prompt payment of rent,and the use of the:.premises by tenant is obtained only by.the condition that
rent is paid on time. Owner requires that all rent and other sums due be paidmtt`one monthly check rather thsn°multiple checks.
B. Rent is due and payable the first calendar day of each month.Any p$yluepts made after tki.firstare considered late.
In the event that the tenant does not provide the rental payment to owntetby the fifth of each month,asr quired,tenant agrees to
pay a late charge of$25 on the sixth and an additional$5 00 per each aulisequent day ttf monies outstanding. The maximum
penalty not to exceed$8%. The late charge will be applied;When any monies are outstatkiltg at the close of business on the 5a'
calendar day of the month. All monies paid after the close of business on the 5t must be p'at`d vstlt either money order or cashier's
check. Tenant understands and agrees that a payment of said late charges ih no way constitutes a waiver by owner to any rights
that owner has to terminate the tenancy according;to,law.
C. Owner agrees to accept,as payment ofee pelt,personal check,money order or cashier's check Should tenant present a
check to owner,which does not clear the bank for any reason,tenant mpstitumediately replace the check with either money order
or a cashier's check Such payment shall include the$25 00.late charge and eetutried check bank charges of$25.00 per check
Tenant must pay any additional or further rent or otherchargea by either moflegorder or cashier's check. Tenant may re-establish
payment privileges if all monies due are paid on time for a perto4of twelve consecutive months. No exceptions will be made
unless tenant provides the owner w.ttlitt,letter from tenant's bank stting ttrat there was an error on the banks part,which caused
the tenant's check to be returned Thus letterfius,t.be an original copy written on banking institution letterhead and signed by a
officer of the bank or Savings and Loan;all veri$ab(e.by..tlie owner."'Only upon verification of said letter will the tenant be
authorized to pay rent by other than money grder or caslge?s,check
The Terms of this rental agreement can be alleged,modified:or supplemented only by a written notice signed by both parties.
Any purported oral amendment,modification or'su,pplement shall be void.
5. DEPOSIT: Tenantagi sto,thepaymentoftite'followingdeposits:
A. Escrow Deposit In addition to'the sgidrent payments,the lessee agrees to pay the sum of$ ,herein,as a escrow deposit.
The said deposit is to beheld by lessor faithftd performance after the terms of this agreement.Further,the said deposit or
written statement indicating the disposition;asto be mailed at the termination of the agreement,within 3 weeks of vacating the
premise's less any rent,damages to the premises,fixtures or furnishing,reasonable wear and tear excepted and less any other
aafnount due under the terms sf this agreement Escrow Deposit may not be used as rent without the management's written
;':consent.
B. Pets,Pets of*kg*are prohibited in the common areas. Pets of any kind are prohibited on the premises or in the apartment
house g1toutprser aeeilten consent of the owner,which may be revoked at any time,with cause. If tenant plans to acquire or bring
a new pet on the premisesa,it shall be reported immediately to the owner who can increase the existing deposit as a condition for
owner's permission under this section. Permission is hereby given to resident to maintain the following pet on the premises:
Pets name-. Breed Color and Weight
Such permiss on is In'consideration of an additional deposit in the amount of$0,subject to deductions for cleaning and repair of
pet damages and:less any other amount due under the terms of this agreement.
6. RENTAL INCENTIVE:
In the event tenant has received a concession of rent or any other compensation as an inducement to enter into this agreement
for a certain lease term,tenant agrees to pay back the incentive prior to tenant vacating the premises if tenant terminates his lease prior
to the date of expiration,or defaults before the end of the lease term. The value of this incentive is$O.
7. GUESTS:The written consent of the owner is required prior to the occupancy of the premises by any guests of tenants for
continuous periods greater than 72 hours. If approved by owner,such guests must obey the apartment house rules and policies of the
owner. Failure by a guest to abide by the rules and policies of owner will result in termination of this rental agreement.
8. APARTMENT HOUSE RULES AND REGULATIONS:Tenant agrees to abide by all written rules now in effect and as such rules
may be amended. Such rules are incorporated herein as part of the terms,covenants and conditions of this agreement. In the event of
revision of such rules,tenant will be notified by the posting of such revised rules in the office of the manager. These rules,adopted by
,pml l 01/02 pg I of 4
Page 1 of 4
Attachment to White Paper dated March 3, 2008
Administrative Plan •
owner,are for your well being as well as that of your fellow residents. Owner,or its agents,reserves the right to take whatever steps
may be necessary to enforce such rules and regulations. Any repeated violation of the following rules will be grounds for termination of
the rental agreement
A. NOISE:Sound equipment should be operated in a way that does not disturb others. This equipment is to include but is
not limited to stereos,televisions and motor vehicles. Vocal or instrumental music,typing,pounding or other noise is prohibited if
the sound penetrates into other apartments. Loud noise,boisterous play,running on stairs and slamming of doors are prohibited.
These rules are in effect at all hours,however,the hours of 9:00 p.m.to 9:00 a.m.are considered quiet hours when any noise may
be particularly disturbing to others.
B. WATERBEDS: Waterbeds are not allowed in the apartment unless written approval has been given by the owner and the tenant
has secured insurance coverage to protect against risk of loss or damage to the premises as the result of use of the waterbed on the
premises. Tenant agrees to provide owner with a copy of the required insurance coverage prior to the installation of any waterbed.
INSURANCE REQUIRED:YES❑ NO® INITIALS PROOF PROVIDED
DATE
C. HOUSEKEEPING:Tenant is responsible for maintaining cleanliness on the patio area as well as entryway. House
cleaning that might disturb others should be done during normal waking hours 9:00 am.to 9:00 p,iu House cleaning may include,
but is not limited to,vacuuming and operating other major appliances such as dishwasher,washeror dryer. Tenant may not store
garbage or items not intended for exterior exposure on patio and the entryways are not for the ptirpose of storage.
D. PLUMBING:ALL PLUMBING STOPPAGE IS THE RESPONSIBILITY OF.t_ TENANT. Put grease drippings
in a container and deposit in the trash bin. The"insinkerator"in the kitchen sink is not A'i garbage"disposal,rather.it is an aid
to the disposition of small food particles. Do not put fibrous or solid items in the insinkerator.'•To.:not put unsuitable items in
toilets. Unsuitable items include but are not limited to:sanitary napkins,matches,cotton swabs or'coai`se paper.
E. DAMAGE Tenant will be required to pay for all damage to the apartment or apartment complex caused by the
tenant or their guests negligence or willful conduct or misconduct.
F. VEHICLES:Repairs of any kind to vehicles are not permitteerilttlxe premises. Washing velucles asnotpermitted on the
premises except in areas designated by owner. Vehicles leaking or dripping'. ;j ind are prohibited. Tenant isxesponsible for the
clean up of any area damaged by oil from their guest's vehicles. Storage of v gIe&is prohibited on the premises and will be
subject to tow away at owner's expense. Storage to include,but not limited to vehicles not currently licensed,vehicles not in use
•for a period not to exceed seven days or a vehicle not maintained in otiet.able condifiery
G. VEHICLE PARKING: In the event that tenant or ...
pry of teuapt'�,guest park a�ehicle a>tr a reserved covered carport
space or assigned garage,other than that assigned to tenant ovpark in an u td"esignated parkin-'s'paee,the improperly parked vehicle
will be towed WITHOUT NOTIFICATION,at the vehicle owner'sexpel* It is the tenants responsibility to monitor and control
tenant's parking spaces for their purposes It is*.tenant's respons]'bility'to notify their guests of the parking policy.Garages are
for vehicle parking only.Personal items may be stored;in storage closets;,if provided.Storage of combustible,flammable or toxic
chemicals of any kind is strictly prohibited anywhere on the premises including but not limited to the enclosed garage area
Management,owner and its authorized agents are not regppnsible for persoi al:items stored. They are stored at the sole risk of the
tenant.Modifications of any kind are not permitted to the gee or storage areas:
H. SECURITY:Tenants and guests are responsible fot;their own safety. Every tenant is expected to assist in crime
prevention. The owner makes no warranty as to the provision for$ecurity.of tenants or guests.
I. LOCK-OUT POLICIP.Tertantssarein,vonsible for maintaining access to their apartment In the event the tenant loses,
misplaces or otherwise does not have the keys to.their apartment the'owner may allow entry into the apartment. Tenant must
provide owner with picture identification or must otherwise-atisfy"owner of their identity. During normal business hours tenant
may borrow a spare key from the office and failure to rathrithe key will result in a$25.00 fee.After normal business hours tenant
must contact officOlirough the after hours answering service or courtesy officer,if available,where keys have been previously
issued a$50.00 fee wil(le:eharged to the rent ledger,and must be paid with the following months rent. If keys are not available
with the owner,the tenant obtain a locksmith aid the tenant will be responsible for the payment to the locksmith,normally to
be paid at the time of entry. Owner'ls:notcesponsible for tenant entry into the apartment
9. AMENITY:AREA GUIDELINES,'Apartment amenities may include but not limited to:Pool(s),Spa(s),Fitness Centers,Racquetball
Court(S)Clubhouse,Sauna(s) ;`The following rules and regulations are designed to maximize your enjoyment of the amenity provided
on*premises. Tenants are cautioned regarding safety in the use of the amenities and need to be aware of the hazards,which may
result from negligent behavior. The:owners,management and agents make no warranty regarding safety in the use of the amenities by
tenants Anleaaty houra;ar.'e 8 a.m.tt 10 p•m. No food,drink(including but not limited to alcoholic beverages)or smoking are allowed
in any mdgor$matuty`area, ?ailurttto adhere strictly to the rules and regulations is acknowledged as grounds for suspension of
privileges and possible termination of the tenancy after service of a 3-day Notice to Quit
Tenants and guests swim and use the amenity areas at their own risk and roust comply with the following regulations:
1. ;. : Beverages are permitted only around the pool area,and then only in plastic containers.
2. • No alcohol or food of any kind.
3. No glass of any kind
4. Guests are limited to two(2)per apartment and must be accompanied by the tenant at all times.
5. No resident or guest under 18 years of age allowed in the indoor athletic facilities.
6. No pets allowed.
7. No running,pushing,shoving and/or roughhousing. •
8. No music equipment allowed unless personal earphones are used.
9. The pool is open for swimming between the hours of 8 a.m.and 10 p.m.
10. Swimmers must wear proper swimming attire,specifically designed for swimming. Cut-offs,T-shirts or
undergarments are examples of improper swimming attire.
11. All swimmers 14 years of age or under must be accompanied by the parental resident.
10. CONDITION OF APARTMENT,SURRENDER,DAMAGES:Tenant has had the opportunity to inspect the apartment and
acknowledges that the apartment on the day of execution of this agreement is in good and habitable condition;subject to exhibit A. As a
win 0l/02 pg2or4
Page 2 of 4
Attachment to White Paper dated March 3, 2008
Administrative Plan
part of the consideration for rental as stated above,tenant will keep and maintain the apartment,appurtenances and personal property
belonging to lessor,in good,safe,sanitary and operating condition during the terns of this agreement Tenant shall be responsible for
payment for damages or repairs necessitated by the unwillful or negligent conduct of tenant's guest.Failure to pay damages
within thirty(30)days will constitute termination of lease.The tenant shall make payment for repairs due to any damages or injury
caused to the apartment by the tenant or any other person who may be in the apartment. Tenant'hall,at the termination of this
agreement,without further notice to quit,surrender to owner the apartment,with all appurtenances and personal property belonging to
owner in as good condition as when inspected on the date of execution of this agreement,with the reasonable wear and tear and damage
by the elements expected. Attached hereto as Exhibit A is the move-in inspection Report,a copy of which is hereby acknowledged by
tenant. Tenant shall return copy within 48 hours of lease date to insure correct disposition of deposit at move-out.
11. ALTERATIONS: Tenant shall make no alterations or undertake redecoration without the prior written consent of the owner. No
screws,nails or other materials shall be imbedded or attached to the walls of the premises,except for picture hooks. Owner shall make
or cause to be made and shall pay for:(1)all structural and mechanical repairs provided the need for such repairs are not caused by or
contributed to by the fault of the tenant,his guests,friends,agents,or employees;and(2)all repairs requited'.by ordinary wear and tear.
Tenant shall be responsible for all abnormal wear and tear.
12. ASSIGNMENT/SUBLETTING:Tenant agrees not to transferor assign any interest in this agreei.Itent or the premises,nor to sublet the
apartment or any part thereof. No occupant other than those listed above shall reside in the a p a ""
e
apartment in breach of this13y ma :An nsnate byesidier i tho
p agreement shall have no right in or to the apartment and the tenancy may be'.termitiated by owner without
notice to any such occupant.
13. UTILITIES: Tenant agrees to pay for all utilities including any deposits required;except GAS,WATER,TAW.(i.e,.;uater,sewage,
garbage)and to hold the owner harmless therefrom. Owner shall have no responsibility for the interruption of utility services furnished
by third parties.
14. LAWS:The law of the state wherein the apartments are located shall govern the interpretation,validity,and enforcement of this
agiecinent. If any provision of this agreement shall be declared invalid er enforceable bya court of competent jurisdiction,the validity
and enforceability of the remaining provisions of this agreement shall be affeeted thereby.
15. INSPECTION: Owner or its agent or agents shall be allowed to enter theapartment as pret lded by state law. Upon 24 hours
notice,the owner may enter to inspect the condition of the premises.';and/or appliances therein. In the event of an emergency,
owner's representative has the right to enter the apartment without'notice.
16. TERMINATION This tenancy may be terminated by owner or tenant's as provided by state law. Resident may
terminate this written rental agreement prior to the expiration ofthe;term of the salttJental agreement by giving(30)days written notice
of intent to vacate,and paying all rent due through thirty(30)days notice period..In addition,a termination fee equal to one month's
rent is due and payable in the form of a cashiers check or money order at tune of move-out,plus paying to owner the value of any rental
incentive received by the tenants)as previously apecifred in this lease If tenant(s)fail to pay said amounts,owner or its agent shall
have the right to enter and take possession bfthe apartmeptas providedby state law,and tenant(s)shall be liable for payment of the full
rental for the entire term of the tenancy.
17. BARBEQUES: Tenants are discouraged from the;use of outdoors cooking grills on the premises. Tenant acknowledges and
assumes liability for damage or:loss resulting from sueh.use Any use of a grill larger than 288 square inches is strictly forbidden.
Tenant must dispose of ashes prope ly:.It is strictly prohibited to dispose of ashes in the garbage containers.
18. LIABILITY: The'owner la tatresponsible for damage to any personal property on the premises. Property on the
premises shall,.be at the risk of the tenant Occimanif or owner of same shall in no event be liable for loss and/or damage of such
property;ifnlesscaused by negligence of the owner. Tenant shall be liable for any claims of loss or damage to property,and injury or
deatl'to persons caused by negligence of tenant,Ins invitees or uninvitees occurring on the rented premises. Tenant assumes all
responsibility for any and all property,of tenant or third persons under tenant's control,place stored or located in the premises
or else..wher04 oraround;the premises. Tenant is responsible for insurance coverage for such personal property in the event
that SiAliatitern141a4Ctirep by tenant.Owner is not responsible for tenants personal property,therefore,it is recommended by
owner that tenant acquire jhter's insurance.
19. JOINT AND SEVERAL;i ABILITY:All tenant(s)are jointly and severally liable for all rent and/or other sums due to
pursuant to this rental agreement Said liability shall continue until all tenant(s)and other occupants have vacated the premises,and
the premises have bean returned to the owner.
20. MORTGAGE: This agreement shall be subject and subordinate at all times to the lien of exiting mortgages,deeds of trust,and
financing statements upon leased property,and of mortgages,deeds of trust and financing statements which hereafter may be made a
lien on the leased property,and to any renewal,modifications,consolidation,replacement and extensions of any such existing or future
mortgages,deeds of trust and financing statements. Although no instrument or act on the part of the tenant'hall be necessary to
effectuate such subordination,tenant will,nevertheless,execute and deliver such further instruments subordinating this agreement to the
lien of any such mortgages.Deeds of trust,or financial statements as may be desired by the mortgagee. Tenant hereby appoints owner
his attorney in fact,irrevocably,to execute and deliver any such instrument for tenant
21. CONDEMNATION: If the whole of the property on which the premises are located,or such portion thereof as will make the property
and/or the premises unsuitable for the purposes herein leased,is sold under threat of condemnation or is condemned for any public use
or purpose by any legally constituted authority,then in either of such events this agreement shall cease and terminate from time when
possessions taken by public authority and rental shall be accounted for between owner and the tenant at the date of the surrender of
'poll 0I/04 Pg3 of
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Attachment to White Paper dated March 3, 2008
Administrative Plan
possession. Tenant shall have no claim against owner or the condemning authority for the unexplored term of this agreement.
22. GENERAL PROVISIONS: All terms,covenants and conditions herein are binding upon inure to the benefit of the heirs,executors
and assigns of owner and tenant This agreement constitutes the entire agreement between the parties and recites the entire
consideration of the parties,and no representation or oral agreement not described in writing and no oral evidence may be offered to
support such claim having been made by either party or their agents. Failure by owner to enforce the provision herein in regard to any
breach of any terms,covenants or condition of this agreement shall not constitute a waiver of the future right to enforce such provisions.
23. ATTORNEY'S FEE AND COSTS:Tenant acknowledges that if any legal action or proceeding to enforce the terms of this agreement
is necessary.The prevailing party in such action is entitled to recovery of a reasonable attorney fee and costs of such action in addition
to all other amounts owed,to the extent authorized by state law.
24. RENTAL APPLICATION:Attached hereto as Exlubit B is a rental application executed by tenants under the penalty of
perjury. In the events that any information upon tenant's rental application is incorrect or is unverifiable'Sitch incorrect information will
constitute a material and irremediable breach of this rental agreement as the accuracy of such information is a condition precedent to
tenant's entitlement to the benefits of this agreement,and the owner may evict after service of a 3,;4iiy notice to quit It is the
responsibility of the tenant to update owner regarding any changes of the information on the appliegtion,especially employment
information.
25. NOTICE TO VACATE Owner and tenant agree that the leasehold will terminate on the above*ated date only upon written
notice from either party thirty(30)days prior to said termination date. If tenant fails to serve such notice'on lessor,the parties agree to
continue the tenancy month to month,subject to month to month additional rent of$25.00,subject to the right tofparties ur negotiate
agreements agreeable to both. Lessor agrees to serve notice on tenant of any proposed revision in rental paymaitglhirtyf(30)days prior
to the effective date of such a change. If any personal property belonging to the tenaiptis left in the apartment or*keys are not
returned,the former tenant is deemed in control of the apartment and therefore subjeettorent liability until'the keys are returned and the
personal property is removed. State law provides that a resident holding over afer'tiotice date is given;Ls:liable for triple rent for
each day he holds the apartment beyond the date given.
26. NOTICE Megan's Law: The California Department of Jmtstrce sheriff's departments pollee departments serving
jurisdictions of 200,000 or more,and many other local law enforcetnentauthorsties maintain for public access a database of the locations
of persons required to register pursuant to paragraph(1)'of subdivision la.of Section 290.4 of the Penal Code. The database is updated
on a quarterly basis and a source of information about'tl:e.presence of these individuals in any neighborhood. The Department of Justice
also maintains a Sex Offender Identification line through:which inquires about:hndividuals may be made. This is a"900"telephone
service. Callers must have specific information about imrviduals,they are checking on.`Information regarding neighborhoods is not
available through the"900"telephone service.
27. NOTICE TO TENANT Do not sign this agreement or any attached hereto if there are any blank spaces or incomplete
sentences. By execution of this rental agreement tenant acknowledges receipt of a completely filled in rental agreement and attachments
as set forth in this rental agreement
Subject to the above stated terms. Owner hei'eby,acknowledges receiptof the above statement amount,and in consideration thereof,
rents to the above-named tenant(whether one or iiiore)and tenant hereby takes from owner,the apartment described above to be used
by tenant as a lawful residentupon the terms hereinabove set forth,each of which are covenants as well a conditions.
IN WITNESS WHEREOF'tlieparties hereto have executed this agreement as of the date and year first written above at
CA.
Owner's Agent Tenant or Occupant
0pm11 01/02 Pg4 of
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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 ,2t),0 ,by and
between ,Owner and ,Resident concerning the premises knowntasApartment# at
,CA
CRIME/DRUG FREE HOUSING
In consideration of the execution or renewal of a lease of the dwelling unit identified itthelease,Owner and
Resident agree as follows:
Resident,any member of the resident s household,or a guest*Other person under the resident's;r ontrol;
a. Shall not engage in criminal activity,including drug-rela ectcriminal activity,on or near project premises.
"Drug-related criminal activity"means the illegal manufadbu 1ng,sale,or use On controlled substance(as
defined in section 102 of the Controlled Substances Act(21 LIS G,802))
b. Shall not engage in anycriminal activrty'ncludrrtp ,t g-relatedulnai actLvlfy,on or near project
premises.
c. Will not permit the dwelling unit to be usid,.for,or tafacilitate,crrmrnal;activity,including,but not limited
to,drug-related activity,regardless of whether the individual engaging in such activity is a member of the
household or a guest.
d. Will not engage in the manufa turtng,sale or disttibntion of illegal drugs at any location,whether on or
near project premises or otherwise
e. Shall not engage in acts of violence or threats of violence":Including,but not limited to,the unlawful
discharge of firearms,on or near flee project;premises.
f. VIOLATION OF THE ABOVE PROVISION,' SHALL BE MATERIAL VIOLATION OF THE LEASE
AND GOOD tAIISE 'OR TERMINATION'QI'TENANCY. A single violation of any of the provisions
of this addendum shall be deeied,a.serious violation and a material NONCURABLE,breach of the lease.
Unless otherwise prodded by`taws proof of violation shall not require criminal conviction,but shall be by a
preponderance of the evidence.
g. Irt.caseof conflict betweetethe provisions of this addendum and any other provisions of the lease,the
provtstdns_of the addendum shall;govem.
h. ThiaLedieWdernhim is incorporated into the lease executed or renewed this day between Owner and
Resident.
2. USE OF PATIO/BALCONIES
It is hereby agreed between the Owner,hereafter referred to as lessor and the undersigned,hereafter referred to as
lessec(s)as follows
a. Asthere is a fence surrounding the patio or balcony area of the leased premises,the placing or storage of
any Items,or hanging of clothing on the patio or balcony area,would seriously detract from the appearance
of the'complex and therefore is prohibited.
b. oLessee(s)shall not at any time shake or hang from the windows,doors,patio or balcony areas,any linens
such as the following:
Clothing,Bedding,Curtains,Rugs,Mops,or items of any nature
c. Lessee(s)shall not keep,place or store items of any type,other than plants or barbecue equipment on or
about the patio or balcony area for any period of time.Plants should be presentable and not placed on
railings,which can cause premature deterioration of the railings.
d. Lessee(s)shall not display or hang signs,advertisements,notices,flags,banners,or any decorative items on
the patio or balcony.
e. At no time should there be any alterations including exterior shades,dividers,lattice,screening,etc.
rpm lla ll/OI lor5
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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.hanging in the windows.
g. Lessee(s)shall not throw cigarette butts off the patio,balcony or anywhere on the premises. Must use
appropriate dispenser 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 a smoke detector/alarm.Resident agrees,as further consideration for the rental of the
Premises,as follows:
Resident will be responsible for testing the smoke alarm by pushing the"Test"button on the detector for five
seconds.It is recommended that you test the detector/alann weeldy. The alarm_slieuld sound when the button is
pushed. If there is no sound,Resident shall inform Owner or Authorized:Agent immediately in writing.
By initialing as provided,Resident understands that the smoke detector/alarmdetector/alaiiiithattery operated:and agrees
that it is the Resident's responsibility to ensure that the battery is in operating condition at all times. If after
replacing the battery,the smoke detector/alarm will not operate,Resident will informOwner or.,authorized
Agent immediately in writing.
4. MAINTENANCE AUTHORIZATION
By initialing as provided,Resident understands anti allpws our Maintenance stag to enter their apartment to
perform maintenance requests,in the event they a e not at home.
By initialing as provided,Resident tuulersta"ulsrand prefers that our maintenance staff NOT enter their
apartment to perform maintenance request,in the eventthey are not home.It is also understood that the maintenance
hours are Monday through Friday,between 9:00 a.m.aiid<5 00 p.m.and that no appointments can be scheduled after
hours.Any emergencies,such as loss of polder or flood,wilt:be taken care of via the after hours call back number.
In the event of repeated maintenance rssues:(te:.unclogging items from toilets and disposals,torn screens,
etc...)Resident is subject to maintenance anti replacement cost.
5. RENTER'S INSURANCE
Lessor strongly recommends that:.lessee maintZtjn;;(at lessee's sole expense)a standard type of Renter's Homeowner
Insurancer'Policy,or its equivalent,iyhich provides limits of liability adequate to protect lessor's and other resident's
property,as well as lessee's personal ptperty from loss by fire,burglary,water and other perils. It is understood
that in the absence'of such insurance the,lessee,in the event of fire or other perils outside of lessor's control,could
incur a substantial financial htirden.
Lessee hereby releases from any,and all claims for damages or loss to lessee's personal property in,on,or about the
premises that are`.caused by or result from risks which are or would be incurred under the insurance described above,
and hereby waives any and all rights of recovery and rights of subrogation against lessor in connection with any
damage or claim which is or would be covered by such insurance except for damage resulting from the negligent
;sets of lessor
I/We will be obtaining renter's insurance from:
Carrier&Agent:
UWewill NOT be obtaining renter's insurance and will be personally responsible in accordance with above
addendum:
6. LEAD PAINT WARNING STATEMENT
Housing built before 1978 may contain lead-based paint Lead from paint,paint chips and dust can pose health
hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant 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 lead poisoning
prevention.
Lessor's Disclosure:
,lmlla 11/OI 2or5
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Attachment to White Paper dated March 3, 2008
Administrative Plan
a. Presence of lead-based paint or lead-based paint hazards(check one below)
❑ Known lead-based paint and/or lead-based paint hazards are present in the housing(explain)
❑ Lessor has NO knowledge of lead-based paint and/or lead-based paint hazards in the housing.
b. Records and reports available to the lessor(check one below)
❑ Lessor has provided the lessee with all available records pertaining to lead-based paint and/or
lead-based paint hazards in the housing(list documents below)
® Lessor has NO reports or records pertaining to lead-based paint and/or lead-based paint hazards in
the housing.
7. "NORMAL WEAR AND TEAR"
It is the interpretation of the concept of"Normal wear and Tear"that dirt isNOTincluded as normal wear and tear.
The apartment was clean and sanitized prior to your occupancy and therefore,it`wiltbe the.resident's cost to return
the apartment to that condition. ANY AND ALL CLEANING AND SANITIZINcrOJTHE APARTMENT AS
SOLELY DETERMINED BY THE LANDLORD.WILL BE AT THE SOLE EXPEIVSEEOF THE RESIDENT.
"Normal wear and tear"will generally include the gradual deterioration of carpeting,dmpeiytnatetial,appliances,
fixtures and painting.
8. APPLIANCE AGREEMENT
• Tenant agrees to pay the sum of$0 per month for the rental of appliance as described below.
• Washer Serial# Dryer Serial#
• Refrigerator Serial# Other sr
•
Appliance described shall be placed in:apartment# by Lessor and shall remain in said apartment until such time as
there is a mutual agreement between Tenant.and Lessor foz`Lsssor to remove the appliance. Any change in this
Agreement requires thirty(30)days written notice and consett;by Lessor.
Tenant is responsible to maintain washer and dryerumit in reasonable condition in regards to cleanliness and
operability.
Under no circumstance is Tenant to move appliance from the apartment noted in this Agreement. Removal of
units from apartment by tenant will constltitteteplacenlent in the amount of$ payable to lessor by demand.
Lessor maintains the right to enter apartment for the purpose of inspection and inventory as described in Rental
Agreement:..
Lessor maintains the iigl)tto deduct from the escrow Deposit described in Rental Agreement any amounts necessary
to repair or replace appliance damaged by tenant.
9. • SATELLITE DID AND ANTENNA ADDENDUM
Under rules of the Federal Communication Commission(FCC),you as our resident have a limited right to install a
satellite dish or receiving antenna within the leased premises. WE as a rental housing owner are allowed to impose
reasonable reactions to such installation. You are required to comply with these restrictions as a condition of
installing such equipment. This addendum contains the restrictions that you and we agree to follow.
1. Ndniber and size. You may install only one satellite dish or antenna within the premises that are leased to
you for your exclusive use. A satellite dish may not.exceed 24 inches in diameter. An antenna or dish may
receive buy not transmit signals.
2. Location. Location of the satellite dish or antenna is limited to(I)inside your dwelling,or(2)in an area
outside your dwelling such as a balcony,patio,yard,etc. of which you have exclusive use under your
lease. Installation is not permitted on any parking area,roof,exterior wall,window,windowsill,fence or
common area,or in an area that other residents are allowed to use. A satellite dish or antenna may not
protrude beyond the vertical and horizontal space that is leased to you for your exclusive use.
3. Safety and non-interference. Your installation:(1)must comply with reasonable safety standards;(2)
may not interfere with our cable,telephone or electrical systems,or those of neighboring properties;(3)
may not be connected to our telecommunication systems;and(4)may not be connected to our electrical
qpn 114 11/01 3015
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Attachment to White Paper dated March 3, 2008
Administrative Plan
system except by plugging into a 110-volt duplex receptacle. The satellite dish or antenna is permitted only
on your balcony or patio and must 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 reasonable screening of the satellite dish or antenna by plants,etc.,
so long as it does not impair reception.
4. Signal transmission from exterior dish or antenna to interior of dwelling. You may not damage or
alter the leased premises and may not drill holes through outside walls,door jams,windowsill,etc. If your
satellite dish or antenna is installed outside your living area(on balcony,patio or yard of which you have
exclusive use under your lease),signals received by your satellite dish or antenna may be transmitted to the
interior of your dwelling only by:(1)running a"flat"cable under a door jam orr window sill in a manner
that does not physically alter 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 hi the wall(that will not need to
be enlarged to accommodate the cable);(3)connecting cable"through.awindow pane"similar to how an
external car antenna for a cellular phone can be connected to inside wring by a device'glued to either side
of the window—without drilling a hole through the window;(4)wireless;transmission of the signal to a
device inside the dwelling;or(5)any other method approved by us.
5. Workmanship. For safety purposes,you must obtain our approval of(1)strengthand type of Materials to
be used for installation,and(2)the person or company who will perform the installation. A qualified
person or company that has worker's compensation insurance and adequate public liability.insurance must
do installation. Our approval will not be unreasonablyy*Obeid. You must obtain any permits required by
the city for the installation and comply with any applicaline city ordinances
6. Maintenance. You will have the sole responsibility for maiii{uining your satellik dish or antenna and all
related equipment. We may temporarily remove the satellite d;;*or antenna rf necessary to make repairs to
the building.
7. Removal and damages. You must reintiVe the satellite dish or anteti na and all related equipment when
you move out of the dwelling. You must pay for any damages and for the cost of repairs or repainting
which may be reasonably necessary to restore the;leased premises to Its condition prior to the installation of
your satellite dish or antenna and:related equipment .
8. Liability insurance and indemnity you are fully responsible for the satellite dish or antenna and related
equipment. Prior to installation;iyon must provide us:wifh;evidence of liability insurance to protect us
against claims of personal injury and property damage to:others related to your satellite dish,antenna or
related equipment. The insurance coveragemust be*less that$2,000(which is an amount reasonably
determined by us to acco pplish that purpose)ar paiist remain in force while the satellite dish or antenna
remains installed You a to defraid,indemnify and hold us harmless from the above claims by others.
9. Damages.An additional deposit'of$100.00 is required to cover damages that you will be solely
responsible for,all repair.costs,(lanai—gat or failure to remove the satellite dish or antenna and related
equipment at time of moveryout will be charged to your deposit account
10. When you:may begin installation: You may start installation of your satellite dish or antenna only after
you have:(i)sigited,;tlus addendum;(2)provided us with written evidence of the liability insurance
referred torn paiagrdp s of this addendum;(3)paid us the additional security deposit referred to in
paragraph 9;'and(4)received our written approval of the installation materials and the person or company
who will do the installation.
10 MOLD:NOTIFICATION
lt'rs our goal to maintain the highest quality living environment for our 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 contamination. Resident is hereby notified that mold, however can grow if the
premises are not properly maintained or ventilated. If moisture is allowed to accumulate in the unit,it can cause
mildew and mold to grow. It is important that residents regularly allow air to circulate in the apartment. It is also
important that residents keep the interior of the unit clean and that they promptly notify RPM Company,agent for
of any leaks,moisture problems,and/or mold growth.
Resident agrees 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 part by complying with the following list of
responsibilities:
1. Resident agrees to keep the unit free of dirt and debris that can harbor mold.
'pro Ilk 11/01 4of5
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Attachment to White Paper dated March 3, 2008
Administrative Plan
2. Resident agrees to immediately report to RPM Company,agent for any water intrusion,such as
plumbing leaks,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 agrees to report to RPM Company,agent for any significant mold growth on surfaces
inside the premises.
5. Resident agrees to allow RPM Company,agent for to enter the unit to inspect and make necessary
repairs.
6. Resident agrees to use bathroom fans while showering or bathing and;to report to RPM Company,agent for
any non-working fan.
7. Resident agrees to use exhaust fans whenever cooking,dish-washing,or cleaning.'
8. Resident agrees to use all reasonable care to close all windows and other openings'in.the premises to
prevent outdoor water from penetrating into the intend..unit.
9. Resident agrees to clean and dry any visible moisture on windows,walls,and other surfaces,including
personal property,as soon as reasonably possible=;(Note: grow on damps surfaces within 24 to 48
hours.)
10. Resident agrees to notify RPM Company agent for of any problems with the air conditioning or
heating systems that are discovered by the:tesident. :<:.
11. Resident agrees to indemnify'an4 hold harmlessl PM Company,agent for from any actions,claims,
losses,damages,and expenses i oluding,but not limited to,attorneys'fees that the RPM Company,agent
for may sustain or incur as,a result of the neglige#i e,of the resident or any guest or other person living
in,occupying,or using the premises
IN WITNESS WHEREOF tepatties hereto have executed this agreement/addendum as of the date and year first
written above at.
Owner's Agent Tenant/Occupant
✓ t
rpm Ile ll/01 5ur5........
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Attachment to White Paper dated March 3, 2008
Administrative Plan
Effective Date:
HOUSEHOLD INCOME CERTIFICATION Move In Date:
(M/D/YYYY)
❑ Initial Certification ❑ Recertification ❑Other
Property name:
Address: Unit No. # Bedrooms:
Pursuant to a Housing Agreement with the City of Palm Desert,Palm Desert Redevelopment Agency,or the Housing Authority,Program Eligibility
and Affordability verifications for Low and Moderate Income Households shall be performed as required by Title 25 subject to eligibility verification
procedures and requirements described therein, and as amended from time to time. The following outlines how annual income is calculated to
determine household income eligibility,which is required prior to the household residing in an affordable housing unit and every year thereafter for the
compliance period.
The following questions will assist you in completing the HOUSEHOLD INCOME CERTIFICATION.When answering the questions answer"Yes"if
any of the information requested or income source pertains to any tenant,co-tenant,or adult individual member of the household(individuals 18
years and older)during the 12 months following the date of the certification or recertification.
YES NO INCOME INFORMATION MONTHLY GROSS INCOME
(all sources are to be disclosed below unless otherwise excluded by Title 25 Section)
I/we am self employed.(List nature of self employment) (use net income from
❑ ❑ business)
❑ ❑ I/we have a job and receive wages,salary,overtime pay,commissions,fees, (use rg oss income;amount
tips,bonuses,and/or other compensation:List the businesses and/or before any pay deductions)
companies that pay you:
Name of Employer;
1) $
TOTAL INCOME(BOX A) $
❑ ❑ I/we receive periodic social security payments. $
❑ ❑ I/we receive Supplemental Security Income(SSI). $
TOTAL INCOME(BOX B) $
❑ ❑ I/we receive cash contributions of gifts'including rent or utility payments,on an
ongoing basis from persons not living with me/us. $
I/we receive Public Assistance Income
❑ ❑ Other: $
Please list
TOTAL INCOME(BOX C) $
❑ ❑ I/we receive unemployment benefits. $
❑ ❑ I/we receive Veteran's Administration.GI Bill,or National Guard/Military
benefits/income. $
❑ ❑ The household receives unearned income from family members age 17 or
under(example:Social Security,foster care,etc.) $
❑ ❑ I/we receive periodic disability or death benefits other than Social Security. $
❑ ❑ I/we am entitled to receive child support payments,but am not currently
receiving payments.
❑ ❑ I/we am currently receiving child support payments.
If yes,from how many persons do you receive support? $
❑ ❑ I/we receive alimony/spousal support payments $
❑ ❑ I/we receive periodic payments from trusts,annuities,inheritance,retirement
funds or pensions,insurance policies,worker's compensation and severance,
interest and dividends,or lottery winnings.
If yes,list sources: $
1)
❑ ❑ I/we receive income from rental,real or personal property. $
Page 1 of 3
Attachment to White Paper dated March 3, 2008
Administrative Plan
HOUSEHOLD INCOME CERTIFICATION
Page 2 of 3
Any other income? Describe source: $
TOTAL INCOME(BOX D) $
YES NO ASSET INFORMATION CASH VALUE
O I/we have a checking account
If yes,list bank
1)
H H I/we have a savings account
If yes,list bank
1) $
• H I/we have a revocable trust
If yes,list bank
1) $
I/we own real estate:
If yes,provide description
• ❑ I/we own stocks,bonds,or Treasury Bills
If yes,list sources/bank names
1) $
I/we have Certificates of Deposit(CD)or Money Market Account
If yes,list sources/bank names
1) $
I/we have an IRA/Lump Sum Pension/Keogh Account/401K.
If yes,list bank
1) $
I/we have a whole life insurance policy.
If yes,how many policies $
O U I/we have disposed of assets(i.e.gave away money/assets)for less than the
fair market value in the past 2 years
If yes,list items and date disposed:
1) $
O ❑ I/we receive other forms of capital investments.
If yes,describe source:
YES NO STUDENT STATUS
Does the household consist of persons who are all full-time students
(Examples:College/University,trade school,etc.)
O ❑ Is student receiving financial aid(public or private,not including student loans) $
• U Is student married and filing a joint tax return
Is student a single parent with a dependent child or children and neither you
nor your child(ren)are dependent of another individual
TOTAL INCOME(BOX F) $
Page 2 of 3
Attachment to White Paper dated March 3, 2008
Administrative Plan
HOUSEHOLD INCOME CERTIFICATION
Page 3 of 3
PART I—HOUSEHOLD COMPOSITION
HH Last Name First Name&Middle Relationship to Date of Birth FT Student Social Security
Mbr# Initial Head of Household (M/D/YYYY) (Y or N) (Voluntary)
Self
TOTAL HOUSEHOLD MEMBERS: #
PART II—GROSS ANNUAL INCOME(USE ANNUAL AMOUNTS)
HH (A) (B) (C) (D)
Mbr# Employment or Wages Social Security/Pensions Public Assistance Other Income
1.
Add totals from(A)through(D),above TOTAL INCOME: (E)
PART III-INCOME FROM ASSETS
HH (F) (G) (H) (I)
Mbr# Type of Asset C/I Cash Value of Asset Annual Income from Asset
ALL $5000 Asset Waiver
TOTALS:
Enter Column(H)Total
If over$5,000 _ $0.00 X 2.00% (Passbook Rate) = Imputed Income (J)
Enter the great of the total of column(I),or imputed Income(J) TOTAL INCOME FROM ASSETS: (K)
Total Annual Household Income from all Sources[Add(E)+(K)]: (L)
HOUSEHOLD CERTIFICATION&SIGNATURES
The information on this form will be used to determine maximum income eligibility.I/we have provided each person(s)set forth in Part I acceptable
verification of current anticipated annual income.I/we agree to notify the landlord immediately upon any member of the household moving out of
the unit or any new member moving in.I/we agree to notify the landlord immediately upon any member becoming a full-time student
Under penalty of perjury of the laws of the State of California,!Ave certify that the information presented in the Certification is true and accurate to
the best of my/our knowledge and belief.The undersigned further understands that providing false representations herein constitutes an act of
fraud.False,misleading or incomplete information may result in the termination of the lease agreement.
Signature (Date) Signature (Date)
Signature (Date) Signature (Date)
Page 3 of 3
Attachment to White Paper dated March 3, 2008
Administrative Plan
/N-UO/
, L• /"Y1.elderuk.
aeiatzt
•
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 FINDS,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 Income 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 facilities 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
underutilize Authority Units by placing families in larger Authority Units than are
necessary.
Section 4. The Authority wishes to adopt a policy that establishes
standards for the allocation of all Authority Units in the Program in order to allow
the Authority to prevent overcrowding and to minimize underutilization in the
leasing of Authority Units that are too large or too small for the contemplated
families.
Section 5_ The policy will 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 Exhibit A and
G:1RDA1Mada Hun11WPDATAymoorMResoluoon..PDHA 0ce SInd.DOC
Page 1 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
•
RESOLUTION NO. .A-22
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 23Td day of October, 2003, by
the following vote to wit:
AYES: CRITES, KELLY, SPIEGEL, BENSON
NOES: NONE .
ABSENT: FERGUSON
ABSTAIN: NONE * /
7tr.Benson, Chairperson
ATTEST: /
achelle D. Classen,Secretary
•
•
•
GARDAUharia HuntWPDATAgmoore\Resclubon—POHA Occ S1nd.00C
Page 2 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
EXHIBIT TO RESOLUTION i 22
POLICY ON OCCUPANCY STANDARDS
FOR THE ALLOCATION OF AGENCY UNITS
1. Purpose. The purpose of this policy is to establish priorities for the allocation of residential units
owned by the Redevelopment Agency of the City of Palm Desert (the "Agency") and sold or leased, by the
Agency or the Palm Desert Housing Authority("Authority"), as part of the Agency's Low and Moderate Income
Housing Program(the"Program")in order to minimize underutilization and overcrowding of such units in violation
of the Uniform Housing Code and to prevent'the waste of scarce affordable housing resources which results when
units are allocated that are too large or too small for the family of the tenant.
2. Definitions. 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 part of its Program pursuant
to the Community Redevelopment Law of the State of California("Redevelopment Law").
b. "Authority Units"means the units leased and operated by the Authority for the benefit of the
Agency.
c. "Eligible Families"means families whose total household income does not exceed the limits
established for the Program and Redevelopment Law for families of very low, low and
moderate income,adjusted for family size.
d. "Executive Director"shall mean the Executive Director of the Agency,or his or her designee.
e. "Household"shall mean the total number of Persons defined in 2.g.
f. "Housing Commission"shall mean the Palm Desert Housing Commission established by the
• City Council on January 8.1998 by Ordinance No.861.
g. "Person"means(i)every person with satisfactory identification,regardless of age,who is an
intended resident occupant of an Agency Unit during the lease term,including minor children
whose parent or legal guardian has court-awarded physical custody of at least 50%and (ii)
unborn children at 30 weeks gestation,but only where the addition of one child would cause
the unit to exceed the maximum in this policy. Minor children whose parent or legal guardian
has court awarded custody of less than 50%will be allowed to occupy the unit during custody
visits but will not be counted as a person in determining the unit size to be allocated.
h. 'Visitor"means a person who temporarily resides in a unit for a period of less than 30 days
per calendar year, only fourteen of which may be consecutive. The exception are minor
children whose parent or legal guardian have court awarded custody of less than 50%who
would not be considered a visitor but rather allowed occupancy as noted under 2.g. Any
person not included in the lease and occupying the unit for longer than 30 days per calendar
year will be considered an unauthorized occupant and a violation of the lease agreement.
i. "Waiting Lists" shall mean lists maintained by the Agency for the purposes of providing
affordable housing at each affordable level,far both sale or leasing purposes.
2. Allocation of Units. Agency Units that become available for sale or lease to new Eligible Families or that
are occupied by Eligible Families with expiring leases who wish to enter into a new lease will be sold or
Page 1 of 3
G:RDAuanct Moorc\Staff ReportsWalm Desert Affordable Housing Allocation Policy.DOC
Page 3 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
I EXHIE A TO RESOLUTION t 22
leased in accordance with the minimum and maximum occupancy standards below. When a unit
becomes available, an Eligible Family will be selected from the applicable waiting list based first on
appropriate family size for the 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
that there is a unit available and there are no Eligible Families of appropriate size,then Eligible Families
of the most nearly appropriate size will be assigned to or offered that unit. At no time will the initial
assignment of a unit exceed the maximum occupants described below.
FOR SALE:
•
Number of Persons
Number of Bedrooms Maximum at Initial
Minimum Assignment
Studio 1 2
1 . 1 3
2 2 • 5
3 4 7
4 5 9
I I7 I11 •
i
FOR RENT:
Number of Persons
Number of Bedrooms Maximum During
Minimum Occupancy Term
Studio 1 . 2
I1 1 3
• 2 I2 5
3 14 7
4 5 9
• I I • I11
Notwithstanding the foregoing,the minimums and maximums shall be increased or decreased if,due to
the size or configuration of the rooms in a particular Agency Unit,the Uniform Housing Code adopted pursuant to
California Health and Safety Code section 17922 or the Fair Housing Act, provide for a different minimum or
maximum for that Agency Unit, in which case the minimum or maximum established by the Uniform Housing
Page 2 of 3
G:1RDAuanet Wore\Staf7Rcports\Palm Desert Affordable Housing Allocation Policy-DOC
Page 4 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
•
EXHIBIT TO RESOLUTION HA-22
Code,or the Fair Housing Act,shall apply. In addition,in such cases that the Agency Unit is funded in whole or in
part by any Federally mandated sources,the occupancy standards set forth therein shall apply.
4. Process for Determining Eligible Family Size to Units Available:Appeals. For the purposes of this
policy and for the purposes of being placed on a waiting list, 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 available,the size of the Eligible Family will be the total number of Eligible Persons at the
date of the acceptance of the unit,if different than the Eligible Family Size at application. An Eligible Family that
is denied a unit based on Eligible Family Size may file a written appeal for consideration by the Executive Director
of the Agency within ten(10)business days of receiving the written denial,stating the reasons for and providing
documentation where possible for its disagreement.
5. Notice: Lease Covenants. The Agency shall include a copy of this policy with all of its
promotional and application materials used in the Program after the date this policy is adopted by the Agency. In
addition, all leases for new tenants in Agency Units and all leases entered into with existing tenants in Agency
Units for terms beginning after the termination of their current leases shall include the minimum and maximum
numbers of persons who may reside in the unit in accordance with this policy,along with covenants by the tenant
to comply with such minimum and maximum numbers of residents. Once a unit is allocated, any violations of
either this policy or the executed lease terms will result in termination of tenancy. Any willful omission of
information required in the allocation process will result in immediate termination of tenancy.
6. State and Federal Law. If any provision of this policy is inconsistent with applicable law,
the provisions of the law will prevail.
Page 3 of 3
G:IRDAVanet MoorelStaff Reports\Palm Desert Affordable Housing Allocation Policy.DOC
Page 5 of 5
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 6/23/06
Recommendation:
By Minute Motion,that the Housing 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 Housing
Authority operated rental units.
Executive Summary:
Approval of this request will rescind the previous resolution in order to effectuate the intent
of the original policy and authorize the Palm Desert Housing Authority(the"Authority")to
amend the procedure for setting the rental rates annually for units(the"Units")owned by
the Palm Desert Redevelopment Agency(the"Agency"), as well as the implementation
process.
Discussion:
The purpose of amending the previously approved resolution is to be able to implement the
rental rate increase as it pertains to those tenants who are being additionally assisted by
other public,federal,or local agencies and 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 subsidizing
entity would absorb most of the increased amount. Additionally,most of these entities only
allow for increases on an annual basis and which is inconsistent with the current approved
implementation plan. The revised method of implementation would allow lease renewals
every 12 months for those who are additionally assisted or for those who require 12-month
leases.
Page 1 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
Staff Report
Resolution of PDHA rescinding Resolution No.HA-30 and Amending Procedure for
Setting Rental Rates and Implementation Thereof
Page 2 of 2
August 24,2006
Therefore,in order to adjust 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 implementation
process for setting rental rates annually. The Housing Commission reviewed this request
on August 9,2006 end is forwarding the request for final review and action.
Submitted by: Department Head:
lekS/464,..../
J.Cr.Moore Dave YrigoKrf
Ho u sing Authority Administrator Director o edevelopment/Housing
JMM:JG:pl
App oval:
Ju ' cCarthy,ACM velopment Paul S.Gibson, Director of Finance
/ !Ii
Carlos L.Ortecr,Executive Director
74:42 .43Y HOUSG AUTH
ON aLi-o
VERIFIED BY: fl
P6402\0001\872582.2 Original on file with City C erk's Office
Page 2 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
RESOLUTION NO. HA-32
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY C'
RESCINDING RESOLUTION NO. HA-30, AND AMENDING THE
PROCEDURE FOR SETTING RENTAL RATES AND THE
IMPLEMENTATION THEREOF
f.
WHEREAS,the Palm Desert Housing Authority(the"Housing Authority")wishes to
set forth a procedure for the Chief Administrative Officer or his designee (the "Chief ''
Administrative Officer")to set and implement rental rates annually for units owned by the
Palm Desert Redevelopment Agency("Agency Units")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 each year on July 1st in the following manner:
A. For Agency Units acquired,developed,rehabilitated,or otherwise assisted,
which are required to be available to and occupied by persons and families
whose income is between 20 percent and 65 percent of the area median
income, maximum rental rates shall be established in accordance with 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,
(i) Immediately upon adoption of this Resolution, the Chief
Administrative 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 Secretary.
(ii) Beginning in April of 2006,the Chief Administrative Officer shall cause
to be conducted a bi-annual survey of area market rental rates for
rental units similar in size and unit mix to the Agency Units and shall
set maximum rental rates in accordance 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.
(Ili) 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
Attachment to White Paper dated March 3, 2008
Administrative Plan
RESOLUTION NO.HA-32
(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 described in Section 1.A.hereof,after proper notice
has been given,the Chief Administrative Officer shall set the rental rate for
each unit determined pursuant to Section 1 A.
B. For all other Agency Units, after proper notice is given, the Chief
Administrative Officer shall set the rental rate for each unit at the maximum
rental rate determined for that unit. Any rental rate increase shall be
implemented in the following manner:
(i) For vacant units,the full amount of the rental rate increase shall be
implemented immediately.
(ii) For occupied units,
(a) if the increase to the amount the tenant will pay per month is
less than or equal to $50, the full amount of the rental rate
increase shall be implemented at lease renewal,and
(b) if the increase to the amount the tenant will pay per month is
more than $50, the rental rate shall be increased by$50 at
lease renewal and by$50 every six months thereafter until the
rental rate equals maximum rental rate, or at the two-year
anniversary of the original implementation of the rental rate the
balance of the entire rental rate increased will be paid,and
(c) if the unit or the property on which the unit is located Is in need
of renovations,the rental rate Increase may be deferred until
completion of the renovations or the increase(s)may be less
than otherwise provided for pursuant to subparagraphs(I)and
(ii)of this paragraph B.
Page 4 of 5
Attachment to White Paper dated March 3, 2008
Administrative Plan
RESOLUTION NO.HA-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 will 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 necessary 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
24th day of August,2006,by the following vote,to wit:
AYES: BENSON,KELLY,SPIEGEL,and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JIM F"R U' O ,CHAIRMAN
ATTEST:
R� 1:1 LLE D.KLASS , SECRETAR
PALM DESERT HOUSING AUTHORITY
Page 5 of 5