PRP.7.5.200 Compliance

(a) The Tenant's household, guest(s), or any other person under the Tenant's control are required to comply with the Residential Lease, the provisions of this ordinance, and other applicable policies while residing in a unit of the Housing Authority. Failure to adhere to the residential lease and other applicable policies will result in the Housing Authority initiating the following corrective measures, up to and including eviction.

(b) Compliance Procedures. The following procedures will be followed when there is a violation of applicable policies and lease requirements. The intent of the procedures is to try and encourage tenants to maintain and treat the Housing Authority property in a manner that ensures the units are not damaged and or a tenant's actions infringe upon the peaceful enjoyment of neighboring citizens. If after the Housing Authority has exhausted all remedies or if the compliance issue is severe enough the Housing Authority will proceed with eviction. Further, the sequence of the compliance process may or may not be followed dependent upon the severity of the issue and at the sole discretion of the Housing Authority. Notification of the following infractions will be in writing, clearly indicate the reason and will be served upon the tenant either personally, via certified mail or posted in a conspicuous location on the rental unit. Additionally, the notice will clearly specify the amount of time allowed to correct the infraction and if not resolved other remedies will be sought up to and including eviction.

(1) Lease Warning. A warning shall be given for a noncompliance issue that:

(A) Has the potential of causing damage to the rental unit:

(B) Does not appear to pose an immediate threat to the health and safety of the tenant(s) or neighboring residents that is from tenant negligence or activities;

(C) Does not immediately impede or disrupt the rights of neighboring citizens to peacefully use and enjoy their rental unit or private home(s);

(D) Is not considered criminal activity;

(E) Violates the General Occupancy Standards/Requirements contained in this policy; or

(F) Violates any provision of the Residential Lease and applicable addendums.

(2) Lease Violation. A violation will be given for a noncompliance issue that:

(A) Is a result of a tenant receiving two (2) Warnings within a 12-month period, regardless if the warnings are for the same infraction or not;

(B) Is determined to be tenant caused damage to the rental unit;

(C) Poses an immediate threat to the health and safety of the tenant(s) or neighboring residents that is from tenant negligence or activities;

(D) Tenant negligence, or activities that significantly impedes or disrupts the rights of neighboring citizens to peacefully use and enjoy their rental unit or private home(s);

(E) Is considered criminal activity;

(F) Significantly violates the General Occupancy Standards/Requirements contained in this policy and/or;

(G) Significantly violates any provision of the Residential Lease and applicable addendums.

(3) Compliance Period.

(A) The Housing Authority may require a tenant to be placed on a compliance period for any residential lease and/or policy infractions. The compliance period will be used as a mechanism to ensure the tenant complies with the requirements of the residential lease and applicable policies as well as an effort to avoid eviction. The term of a compliance period will be determined by the Housing Authority on a case by case situation considering all relevant issues surrounding the non-compliant issues. In no case will a compliance period be longer than twelve (12) months.

(B) The tenant will be required to agree to resolve any issues that resulted in the implementation of the compliance period, remain compliant during the designated time period and if they shall default they further agree to waive their rights to any and all prescribed eviction notification timelines. If the tenant defaults during the designated time period, the Housing Authority may pursue immediate eviction proceedings pursuant to Section PRP.7.6.090 of this ordinance unless the tenant agrees to vacate the unit in a mutually agreed upon time. Further, the Housing Authority may perform unannounced and/or unscheduled inspections during the compliance period pursuant to Section PRP.7.11.060 of this ordinance.