PRP.7.5.190 Terms and Conditions of Occupancy

(a) Authorized Residents. Only those persons identified in the lease can reside in the unit. Additional household members are not authorized without the prior written consent of the Housing Authority.

(b) Unauthorized Residents. Under no circumstances will the following individuals be allowed to reside in a Housing Authority unit, temporarily or permanently;

(1) Formerly Evicted Person. A person who has been evicted from a unit of the Housing Authority, or who at the time of the eviction was a member of the household of a person who has been evicted from a unit of the Housing Authority, may not be given temporary or permanent housing in a unit of the Housing Authority unless otherwise granted a waiver pursuant to Chapter MCC.6 of the LCOTCL – Pardon and Forgiveness Code.

(2) Harboring. A person who is wanted for questioning or for arrest by any law enforcement agency, or who has escaped or absconded from the custody of any law enforcement or correctional agency, may not be given temporary or permanent housing in a unit of the Housing Authority.

(c) Head of Household Demise. In the event of the demise of the head of household, which is not related to criminal or nefarious activity related activities in a Drug Free Public Housing Zone, the unit shall be assigned to the remaining members of the Tenant family as identified on the lease unless one of the following circumstance arises;

(1) All of the remaining household members are minor children, the person appointed legal guardian of the children shall have the right to occupy the unit as head of household in order to allow the minor children to remain in the unit, provided that the notice procedures as set forth in this section are followed.

(A) Within 30 days of the demise of the head of household, any person petitioning to be appointed legal guardian and desiring to occupy the unit with the children shall notify the Housing Authority of the petition and of the intent to occupy the unit with the children and shall provide to the Housing Authority a copy of the guardianship petition.

(B) In the event more than one-person petitions for guardianship, any person awarded temporary guardianship shall have the occupancy rights stated in this section for as long as the temporary guardianship lasts, provided the named guardian immediately provides a copy of the court order to the Housing Authority establishing temporary guardianship. Finally, the person appointed permanent guardianship shall immediately provide a copy of the court order to the Housing Authority.

(C) Any person petitioning for guardianship who has provided notice of an intent to occupy the unit under this section, shall conscientiously prosecute the guardianship petition so that it is resolved promptly, and shall apprise the Housing Authority of the state of the guardianship proceeding upon Housing Authority request. The Housing Authority may terminate occupancy under this section if the petitioner fails to comply with the requirements of the preceding sentence.

(2) In instances where the head of household is a single Tenant, the unit will revert back to the Housing Authority and all personal property will revert to the designee as identified on the lease. If there is no designee, the personal property recipient will be determined through probate action. All personal property must be removed from the unit within 30 days of the demise by the designee. If not removed by the designee, the Housing Authority will remove the personal property to storage. Stored property may be released to the remaining members of the immediate family by consensus in writing, unless a copy of a probate petition (involving probate of the personal property) has been served on the Housing Authority and must be claimed within 30 days. If such a probate petition has been served, then the Housing Authority will only release the property as ordered by the court exercising probate jurisdiction. Any storage costs will be applied to the security deposit.

(3) LIHTC Program. If the appointed Legal Guardian was not a member of the original household composition at move-in they will be required to income qualify for the LIHTC unit, i.e. the change in Head of Household will result in the household being treated as a new "move-in".

(d) Military Duty. In the event that a Tenant is called to military duty for a period exceeding thirty (30) days:

(1) The unit will be occupied by the remaining members of the Tenants family;

(2) The unit will be temporarily occupied by a responsible person chosen by the Tenant and approved in writing by the Housing Authority; or

(3) The Tenant will be responsible for the storage of their personal property during the absence and the Housing Authority will select a Tenant from the waiting list to occupy the unit until the original Tenant returns. Upon the return of the original Tenant, the temporary Tenant will be offered the next appropriate unit when it becomes available. The original Tenant shall make every possible effort to keep the Housing Authority informed of their possible return date.

(e) Temporary Absences. The Housing Authority must be notified in writing and the Tenant must receive authorization by the Housing Authority of any temporary absences that will exceed fourteen (14) days. In no instance will a Tenant be allowed an absence to be longer than thirty (30) days.

(f) Abandonment. If the Housing Authority has declared a unit abandoned, as identified below, the Housing Authority will secure the unit. If the Housing Authority determines that waiting for a response from the Tenant will result in potentially significant damage to its property, the Housing Authority reserves the right to immediately take control of the unit.

(1) If the Housing Authority has reasonable cause to believe that the premises have been vacated, e.g., reports or statements from neighbors, family members, employers and utility providers, a notice will be sent to the Tenant that the Housing Authority has cause to believe that the home has been abandoned and to respond within three days (3 days) of receipt of the notice or the Housing Authority will terminate the lease and take possession of the premises.

(2) At the end of 3 days, the Housing Authority will send another notice that it has taken possession of and secured the unit; the lease has been terminated effective the date of the letter and that any attempt to enter the premises would be considered trespass. Any possessions remaining in the unit will be removed and stored at the Tenant's expense. A move out inspection will be conducted; the utilities transferred to the Housing Authority, and the Tenant will be charged for any damages beyond the security deposit.

(g) Transfers.

(1) Transfers from one unit to another shall be allowed and is required when the size of the unit is no longer appropriate for the size of the family, if the family/household is in complete compliance with their current lease. The change in household composition must be permanent or expected to be permanent.

(A) If the unit is over-occupied, the Tenant may make application for transfer which shall be treated as a new application.

(B) If the unit is significantly under-occupied, the Authority shall offer a smaller unit to the Tenant, if available, or place the Tenant on the waiting list. If the Tenant refuses to move to the smaller unit, the Authority shall proceed with eviction proceedings.

(2) Transfers between communities are allowed if the residents can locate another family with which to "trade" units. The trade must be pre-approved by the Executive Director and the occupants must agree to accept the unit in its present condition.

(3) Prior to allowing a transfer or trade, Resident Services Counselor must inspect the unit to ensure compliance with the current lease. The Tenant Accounts Receivables Clerk shall review the Tenant account for compliance.

(4) All families/households transferred, or trading units will be required to execute a new lease for the unit transferred into.

(5) Existing Tenant Transfer Preference. Existing tenants in good standing may be given preference points for placement on the waiting list. Tenants deemed eligible whom desire to utilize this transfer option must fill out an application and will be placed on the appropriate waiting list. The following criteria must be met and maintained by the tenant in order to be eligible for this preference:

(A) No compliance violations within the past 24 months;

(B) No late payments within the past 24 months;

(D) No outstanding balances owed to any utility company;

(E) No activities in the past 24 months which has prevented other tenants from the peaceful use of their rental units;

(F) Existing rental unit must be first inspected and determined to be in exceptional condition with only normal wear and tear and no visible signs of tenant caused damages.

(6) LIHTC Program. Families/Households may transfer to units within an LIHTC project without having to income qualify. However, if a family/household desires to transfer to a unit within a different LIHTC project, the household/family will be required to income qualify in order to be eligible to transfer.

(h) Unit Access/Entry and Inspections. Pursuant to the Housing Authority lease, residents are required to allow unit access/entry by Housing Authority staff and their authorized representatives for the following purposes:

(1) Scheduled/Routine Inspections. The Housing Authority is required to perform inspections of its rental units to ensure that it is maintained in a decent, safe and sanitary condition pursuant to §§ Section PRP.7.11.030, Section PRP.7.11.040, and Section PRP.7.11.050 of this ordinance. The frequency of the inspections is dependent on the particular unit and the associated program requirements. Housing Authority staff will inform tenants of the inspection frequency requirement during admission and if and when the interval should change during their tenancy. Tenants are encouraged to participate in the inspection process and inform staff of any issues that may have not been addressed by the inspector.

(2) Unscheduled Inspections. The Housing Authority reserves the right to inspect any unit pursuant to Section PRP.7.11.060 of this ordinance, with or without notice, to ensure the unit is being maintained in a decent, safe and sanitary condition. This shall include and not limited to suspected lease violations.

(3) Law Enforcement Entry. By entering a lease with the Housing Authority, the Tenant authorizes the Housing Authority to consent on his or her behalf to any entry or search of his or her unit, as requested by any law enforcement official, and agrees to hold harmless the Housing Authority, its officers, employees, and agents for any harm or damages resulting there-from. Consent on behalf of the Housing Authority may be granted by the Executive Director, or designee.

(i) General Occupancy Standards/Requirements. The following is not intended to be an exhaustive all-inclusive list but to be general in nature to ensure that rental units are maintained by the tenants in a safe and sanitary condition and their actions will not impede the peaceful enjoyment of Housing Authority residents and communities. Consistent with the terms of the Residential Lease, any action or inaction by a Tenant, any member of the Tenant's household, any guest, or any other person under the Tenant's control will adhere to the following provisions:

(1) Animals or Pets:

(A) Tenants must abide by Title X, Chapter 4 of the LCOTCL – Animal Control Code.

(B) Exotic animals and farm animals are not allowed in any Housing Authority unit or on the premises of any Housing Authority property.

(D) Pets per household are limited to the following: two dogs; two cats; one dog and one cat; caged birds; aquarium fish; or other pets as approved by the Housing Authority.

(2) Operable Vehicles. All vehicles kept on Housing Authority property must be operable, licensed and parked on the designated driveway or parking area. Tenants shall not operate or park vehicles on lawns or other areas not designated as vehicle traffic or parking areas.

(3) Inoperable Vehicles. Inoperable vehicles are not permitted on Housing Authority properties. Any requests to deviate from this vehicle policy shall be in writing to the Housing Authority.

(4) ATV's. Tenants will not operate or allow any member of the household or any guest to operate an ATV in any manner that is illegal or destroys the Tenant's yard or any other Tenant's yard, grass, ground cover or causes ruts in any yard, or in any way disturbs the peaceful enjoyment of other Tenants.

(5) Fire Pits. Fire pits must be located at least 20 feet from the exterior perimeter of the unit and have a protective barrier around the rim no less than 10 inches in height. Tenant is responsible for making sure that no fires are left unattended and that all fire is extinguished when not in use. The fire pit cannot be constructed/located in a manner that would create a potential hazard.

(6) Criminal or Nefarious Activity. Tenancy may be terminated for any activity engaged in by the Tenant, any member of the Tenant's household, any guest, or any other person under the Tenant's control, regardless of whether such criminal activity has resulted in a criminal charge or criminal conviction, provided the Housing Authority has sufficient evidence to sustain its civil burden of proof in an eviction action for the following:

(A) Threatens the health or safety of other residents or employees of the Housing Authority or any other person residing in the immediate vicinity of the premises.

(B) Threatens the right to peaceful enjoyment of their premises by other residents of the Housing Authority or any other person residing in the immediate vicinity of the premises.

(C) Criminal or nefarious activity (including drug-related criminal activity, gang-related activity, gang recruitment, or gang reprisal) on or off the premises.

(D) Is a presumptive gang member as defined in Section PRP.7.2.010(rrr) of this ordinance.

(E) Commits vandalism, creates graffiti, or defaces any part of the unit or any other property on or off the premises.

(F) Uses any means, including but not limited to cyber-technology and social media, sometimes known as "cyber-bullying", to threaten anyone with bodily harm, property destruction, libel, invasion of privacy or exposure of personal information or photographs.

(7) Unit/Property Alterations. Alterations to a rental unit or surrounding property are prohibited. No alterations shall be done to the unit by the Tenant or for the Tenant at the Tenant's request. The Tenant will not make changes to the locks, locking mechanisms, or any hardware related to the ingress/egress doors in the unit. Any requests for special alterations must be made to the Housing Authority in writing and approved by the Housing Authority in writing. All approved alterations will become and remain the property of the Housing Authority and the tenant will not be reimbursed for any expenses they may have incurred.

(8) Natural or LP Gas Utilities. Any tampering or attempts to manipulate the gas tanks, meter, or connections to the unit are strictly prohibited and if attempted will be grounds for termination of the lease.

(9) Insurance Claims Due to Tenant Negligence, Damage or Misuse of the Property. Any insurance claims due to Tenant negligence, damage or misuse of the property will result in termination of the lease. Any Tenant, member of Tenant's household, guest, or another person under the Tenant's control terminated from a unit under this section shall be ineligible to apply for housing for a period of 24 months.

(10) Business Use of Unit or Premises. No business use of the unit or premises is allowed without Housing Authority approval in writing. Any approved uses must not potentially damage the unit or property and must not require alterations to the unit.