Each Lease Agreement is signed for a one year period. After the first year is concluded, all Sisseton Housing and Redevelopment Commission Tenants are put on a month to month Lease. The Lease is a condensed version of the rules and regulations which both Tenants and Sisseton Housing and Redevelopment Commission must adhere to and include provisions such as reasons for termination, expected conduct and Management's duties as prescribed by the United States Department of Housing and Urban Development. The lease outlines the following topics:
Keys and Locks: The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of the Landlord. If the Landlord approves the Tenant's request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord will charge the Tenant $ 10.00 for each key not returned. If Tenant misplaces or loses a key during tenancy, the Tenant understand that he or she will be charged a $10.00 nonrefundable fee to receive a replacement key. This fee applies to each key needing to be replaced including, but not limited to, apartment keys, and main door FOBs, or mailbox keys.
The Landlord agrees to:
Regularly clean all common areas of the project;
Maintain the common areas and facilities in a safe condition;
Arrange for collection and removal of trash and garbage created by activities consistent with standard daily living;
Maintain all equipment and appliances in safe and working order;
Make necessary repairs with reasonable promptness;
Maintain exterior lighting in good working order:
Provide extermination services, as necessary; and
Maintain grounds and shrubs.
The Tenant agrees to:
Keep the unit in a sanitary, neat, and orderly condition;
Use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended;
Not litter the grounds or common areas of the project;
Not destroy, deface, damage or remove any part of the unit, common areas, or project grounds. This includes removing furniture and other items from common areas to place within the Tenantís unit;
Give the Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; and
Remove garbage and other waste from the unit by placing it in one of the Landlord provided dumpsters.
Damages: Whenever damage is caused by carelessness, misuse, or neglect on the part of the Tenant, his/her family or visitors, the Tenant agrees to pay:
The cost of all supplies and labor required for repairs and do so within 30 days of receipt of the Landlord's request for the repair charges; and
Rent for the period the unit is damaged whether or not the unit is habitable.
The Tenant understands that HUD will not make assistance payments for any period in which the unit is not habitable. For any such period, the Tenant agrees to pay the HUD-approved market rent rather than the Tenant rent shown in paragraph 3 of this agreement.
Restrictions on Alterations: No alteration, addition, or improvements shall be made in or to the premises without the prior consent of the Landlord in writing. The Landlord agrees to provide reasonable accommodation to an otherwise eligible tenantís disability, including making changes to rules, policies, or procedures, and making and paying for structural alterations to a unit or common areas. The Landlord is not required to provide accommodations that constitute a fundamental alteration to the Landlordís program or which would pose a substantial financial and administrative hardship. See the regulations at 24 CFR Part 8.
In addition, if a requested structural modification does pose a substantial financial and administrative hardship, the Landlord must then allow the tenant to make and pay for the modification in accordance with the Fair Housing Act.
GeneralRestrictions: The Tenant must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Ownerís Certification of Compliance with HUDís Tenant Eligibility and Rent Procedures, Attachment 1. Prior to permitting an individual not listed on the Ownerís Certification of Compliance with HUDís Tenant Eligibility and Rent Procedures, or 50058, Attachment 1, to reside in the unit for more than three (3) consecutive days or fourteen (14) days in a forty five (45) day period, the Tenant agrees to obtain written approval from the Landlord.
The Tenant agrees not to:
Sublet or assign the unit, or any part of the unit;
Use the unit for unlawful purposes;
Engage in or permit unlawful activities in the unit, in the common areas or on the project grounds;
Have pets or animals, which are not covered by the pet policy or were not disclosed at the time of move in, in the unit without the prior written permission of the Landlord. However, the Landlord will allow the tenant to keep an animal needed as a reasonable accommodation to the tenantís disability, and will allow animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities; or
Make or permit noises or acts that will disturb the rights or comfort of other tenants, Sisseton Housing and Redevelopment Commission staff, or those in the immediate vicinity of Sisseton Housing and Redevelopment Commission property.
Rules: The Tenant agrees to obey the House Rules and Regulations which are Attachment No. 3 to this Agreement. The tenant agrees to obey additional rules established after the effective date of this Agreement if:
The rules are reasonably related to the safety, care and cleanliness of the building and the safety, comfort and convenience of the tenants, Sisseton Housing and Redevelopment Commission Staff, and other in the vicinity; and
The Landlord notifies the Tenant of the proposed rule change thirty (30) days prior to enforcement of the rule either by First Class Mail, or notice posted in common areas of the project.
Regularly ScheduledRecertifications: Every year around the first day of the tenth month after move in or last scheduled reexamination, the Landlord will request the Tenant to report the income and composition of the Tenant's household and to supply any other information required by HUD for the purposes of determining the Tenant's rent and assistance payment, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord's request. The landlord will verify the information supplied by the Tenant and use the verified information to compute the amount of the Tenant's rent and assistance payment, if any.
If the Tenant does not submit the required recertification information by the first day of the 13th month after move in or last scheduled reexamination, the Landlord may impose the following penalties. The Landlord may implement these penalties only in accordance with the administrative procedures and time frames specified in HUD's regulations, handbooks and instructions related to the administration of multifamily subsidy programs.
Require the Tenant to pay the higher, HUD-approved market rent for the unit.
Implement any increase in rent resulting from the recertification processing without providing the 30-day notice otherwise required by paragraph 4 of this Agreement.
The Tenant may request in writing, to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification processing. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant within ten (10) days of the request, and discuss how the Tenant's rent and assistance payment, if any, were computed.
Reporting Changes Between Regularly Scheduled Recertification:
If any of the following changes occur, the Tenant agrees to advise the Landlord within ten (10) calendar days of the change.
Any household member moves out of the unit.
An adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment.
The household's income cumulatively increases by $200 or more a month.
The Tenant may report any decrease in income or any change in other factors considered in calculating the Tenant's rent. Unless the Landlord has confirmation that the decrease in income or change in other factors will last less than one month, the Landlord will verify the information and make the appropriate rent reduction. However, if the Tenant's income will be partially or fully restored within two months, the Landlord may delay the certification process until the new income is known, but the rent reduction will be retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during the period of the reported decrease and the completion of the certification process. The Tenant has thirty days after receiving written notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent. (Revised 3/22/89)
If the Tenant does not advise the Landlord of these interim changes within ten (10) calendar days, the Landlord may increase the Tenant's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations, handbooks and instructions on the administration of multifamily subsidy programs.
The Tenant may request, in writing, to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance payment, if any. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant within ten (10) business days of the request, and explain how the Tenant's rent or assistance payment, if any, was computed.
Removal of Subsidy:
The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items i or ii below occur. Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be recomputed. In addition, if the Tenant's assistance is terminated because of criterion (i) below, the Tenant will be required to pay the HUD-approved market rent for the unit.
The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt of the Landlord's notice of intent to terminate the Tenant's assistance payment.
The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment One (1).
The Landlord agrees to give the Tenant written notice of the proposed termination. The notice will advise the Tenant that, during the ten calendar days following the date of the notice, he/she may request to meet with the Landlord to discuss the proposed termination of assistance. If the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant within ten (10) business days of the request.
Termination of assistance shall not affect the Tenant's other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance, and assistance is available.
Tenant Obligation: If the tenant submits false information on any application, certification or interim adjustment or does not report interim changes in family income or other factors as required by paragraph 16 of this Agreement, and as a result, is charged a rent less than the amount required by HUD's rent formulas, the Tenant agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was charged thirty (30) calendar days from the date notice of such a discovery is made. The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments.
Size of Dwelling: The Tenant understands that HUD requires the Landlord to assign units in accordance with the Landlordís written occupancy standards. These standards include consideration of unit size, relationship of family members, age and gender or gender identity of family members and family preference. If the Tenant is or becomes eligible for a different size unit, and the required size unit becomes available, the Tenant agrees to:
Move within 30 days after the Landlord notifies him/her that unit of the required size is available within the project; or
Remain in the same unit and pay the HUD-approved market rent.
If a Tenant is determined to be living in a unit which is too large for his or her family size, he or she may reside within the unit so long as he or she agrees to relocate to a smaller sized unit if an applicant family, who needs said unit size, is approved for tenancy. In such a situation the Landlord will provide Tenant with a thirty (30) day notice of relocation. All relocation costs will be borne by the Tenant.
Access by Landlord:
The Landlord agrees to enter the unit only business hours, to provide a minimum of two (2) days advanced notice of his/her intent to enter the unit, and to enter the unit only after receiving the Tenant's explicit or implied consent to do so, except when urgent situations make such notices impossible or except under paragraph (c) below.
The Tenant consents in advance to the following entries into the unit:
The tenant agrees to permit the Landlord, his/her agents or other persons, when authorized by the Landlord, to enter the unit for the purpose of making reasonable repairs and periodic inspections.
After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during business hours or if scheduled a minimum of two (2) days in advance.
If the Tenant moves before this Agreement ends, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re-occupancy.
Discrimination Prohibited: The Landlord agrees not to discriminate based upon race, color, religion, creed, National origin, gender or gender identity, sexual orientation, age, familial status and disability.
Change in Rental Agreement: The Landlord may change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a new Agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least 60 days before the proposed effective date of the change. The Tenant may accept the changed terms and conditions by signing the new Agreement or the amendment to the existing Agreement and returning it to the Landlord. The Tenant may reject the changed terms and conditions by giving the Landlord written notice that he/she intends to terminate the tenancy. The Tenant must give such notice at least 30 days before the proposed change will take effect. If the Tenant does not accept the amended Agreement, the Landlord may require the Tenant to move from the project, as provided in paragraph twenty three (23).
Termination of Tenancy:
To terminate this Agreement, the Tenant must give the Landlord 30-days written notice before moving from the unit.
Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, State and local law, and the terms of this Agreement.
The Landlord may terminate this Agreement for the following reasons:
The Tenantís material noncompliance with the terms of this Agreement. The term material noncompliance with the Lease includes:
One or more substantial violations of the lease;
Repeated minor violations of the lease that:
Disrupt the livability of the project;
Adversely affect the health or safety of any person or the right of any Tenant to the quiet enjoyment to the leased premises and related project facilities,
Interfere with the management of the project, or
Have an adverse financial effect on the project
The Tenantís material failure to carry out obligations under any State Landlord and Tenant Act;
Criminal sexual activity, on or off the premises. Criminal Sexual activity refers to activity of a sexual nature or having a sexual motive. For the purpose of this Lease, criminal sexual activity is defined by South Dakota Codified Law Section 22 Subsection 22. Additionally, if it is discovered a household member who is subject to registration as a sex offender was admitted erroneously or becomes a required sex offender registrant during tenancy, Sisseton Housing and Redevelopment Commission will immediately pursue termination of tenancy and assistance.
Abusive or violent behavior, on or off the premises. Abusive or violent behavior includes verbal as well as physical abuse or violence. Use of expletives that are generally considered insulting, racial epithets, or other language (written or oral) that is customarily used to insult or intimidate; or
Any drug related criminal activity either on or off the premises. To facilitate the purposes of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C Section 13662) any drug related criminal activity in violation of section twenty three (23) shall be cause for termination of assistance, termination of tenancy and/or eviction from the unit. For the purposes of this Lease, drug related criminal activity refers to the possession, sale, manufacture, distribution, use or possession with the intent to manufacture, sell, distribute, a controlled substance as defined by the Federal Controlled Substances Act (21 U.S.C. Section 801) and South Dakota Codified Laws Section 34 Subsection 20B and Section 22 and includes but not by way of limitation: methamphetamines, immediate precursors, and supplies/equipment used to manufacture any controlled substance.
Use by Tenant, any member of Household, a guest, or any other person under Tenantís control of cannabis, marijuana, or any derivative thereof, for the purposes of medicinal use.
Reasonable determination made by the Landlord that a household member is illegally using a drug. Reasonable determinations do not bear the burden of proof that convictions in a court of law do.
Determination made by the Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other Tenants, Sisseton Housing and Redevelopment Commission Staff, or others in the vicinity;
Activity by a tenant, any member of the tenantís household, a guest or another person under the tenantís control:
That threatens the health, safety, or right to peaceful enjoyment of the premises by other Tenants, Sisseton Housing and Redevelopment Commission Staff, or others in the vicinity; or
That threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;
If the tenant is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, whether a felony or misdemeanor;
If the tenant is violating a condition of probation or parole under Federal, State or Local law;
Determination made by the Landlord that a household memberís abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other Tenants, Sisseton Housing and Redevelopment Commission Staff, or others in the vicinity;
If the Landlord determines that the Tenant, any member of the Tenantís household, a guest or another person under the Tenantís control has engaged in the criminal activity, regardless of whether the Tenant, any member of the Tenantís household, a guest or another person under the Tenantís control has been arrested or convicted for such activity.
Failure of the tenant to timely supply all required information on the income and composition, or eligibility factors, of the tenant household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), and
Non-payment of rent or any other financial obligation due under the lease beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the lease after the due date but within the grace period permitted under State law constitutes a minor violation.
The Landlord may terminate this Agreement for other good cause, which includes, but is not limited to, the tenantís refusal to accept change to this agreement.
Terminations for ďother good causeĒ may only be effective as of the end of any initial or successive term.
If the Landlord proposes to terminate this Agreement, the Landlord agrees to give the Tenant written notice and the grounds for the proposed termination. If the Landlord is terminating this agreement for ďother good cause,Ē the termination notice must be mailed to the Tenant and hand- delivered to the dwelling unit in the manner required by HUD at least 30 days before the date the Tenant will be required to move from the unit and in accordance with State law requirements. Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law. Any HUD-required notice period may run concurrently with any notice period required by State or local law. All termination notices must:
Specify the date this Agreement will be terminated;
State the grounds for termination with enough detail for the Tenant to prepare a defense;
Advise the Tenant that he/she has ten (10) calendar days within which to discuss the proposed termination of tenancy with the Landlord. The ten (10) calendar day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed. If the Tenant requests the meeting, the Landlord agrees to discuss the proposed termination with the Tenant within ten (10) business days; and
Advise the Tenant of his/her right to defend the action.
If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph e.
Hazards: The Tenant shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase the project's insurance premiums. Such action constitutes material non-compliance. If the unit is damaged by fire, wind, or rain to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition.
Penalties for Submitting False information regarding income or other Information: Knowingly giving the Landlord false factors considered in determining Tenant's eligibility and rent is material noncompliance with the lease subject to termination of tenancy. In addition, the Tenant could become subject to penalties available under Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years.
Contents of this Agreement: This Agreement and its Attachments make up the entire agreement between the Landlord and the Tenant regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them.
Attachments to the Agreement: The Tenant certifies that he/she has received a copy of this Agreement and the following Attachments to this Agreement and understands that these Attachments are part of this Agreement.
Attachment No. 1 Ė Ownerís Certification of Compliance with HUDís Tenant Eligibility and Rent Procedures, form HUD-50059
Attachment No. 2 - Unit Inspection Report.
Attachment No. 3 - House Rules and Regulations
Tenantsí rights to organize: Landlord agrees to allow Tenant and Tenant organizers to conduct on the property the activities related to the establishment or operation of a tenant organization set out in accordance with HUD requirements.
Tenant Income Verification: The Tenant must promptly provide the Landlord with any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements.