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NBHA
Lease
NEW
BRUNSWICK HOUSING AUTHORITY LEASE
ADOPTED JULY 1993
1. IDENTIFICATION OF PARTIES AND PREMISES - The Housing Authority
of the City of New Brunswick (hereafter referred to as the Authority)
does hereby lease premises located at: ADDRESS___________________________________________________,
New Brunswick, New Jersey
APARTMENT NO. ___________: NUMBER OF BEDROOMS ______ to be occupied
solely by ___________________________
(from now on called Tenant) and the members of his or her household
listed below :
Name Relationship to Tenant Age
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Name Relationship to Tenant Age
2. LEASE TERM AND RENEWAL - This lease shall be for a term of _______________
beginning on ________________ and is to be renewable for successive
periods of equal length at the time of the annual recertification
unless terminated pursuant to the terms of this lease and the laws
of the State of New Jersey.
3. RENT - Rent shall be payable monthly in the amount of $______________
and shall be due and payable in advance on the first day of each
month. This rent will remain in effect until adjusted in accordance
with the provisions of this Lease. The amount of rent due shall
be determined in accordance with HUD regulations.
3A. Late Charge - In the event the rent is not received by the
Authority by the end of the seventh day of the month, the tenant
will be charged late charge of $15.00 In the event rent is not received
by the 21st day of the month, Tenant will be charged attorney fees
and appropriate court costs. Tenant will be charged $25.00 for each
rent check or money order returned for insufficient funds, account
closed or payment stopped. Late charges, costs and attorney fees
shall be collected as additional rent.
3B. Security Deposit - The Tenant agrees to pay a Security Deposit
in an amount equivalent to one month's rent. The Deposit will be
placed in trust in an interest-bearing account located at _______________________________________.
The Deposit may be used by the Authority after Tenant vacates the
apartment toward reimbursement for the cost of damages caused by
the Tenant, members of his household or guests, beyond ordinary
wear and tear. The Authority may also use the Deposit to insure
the full performance of other obligations of the Tenant contained
in this Lease, including the payment of rent and other charges.
The Authority shall return the Deposit, plus the Tenant's accrued
interest, less any deductions within thirty (30) days of the termination
of this Lease. An itemized list of deductions will be given to the
Tenant at the same time. The Authority may also deduct one (1) per
cent per year from the security deposit for administrative expenses.
4. UTILITIES - The Authority will furnish without additional charge
the following: heat, water, gas for gas ranges and electricity.
Utilities are to be furnished at least to the extent required by
local custom and usage and local and State law. Electricity is that
used by standard electrical appliances. An excess utility charge
will be imposed on the Tenant for the electricity used by any major
Tenant-supplied appliances such as a clothes dryer, air conditioner,
freezer, washing machine, etc. These excess utility charges are
posted in the management offices of the Authority. The Authority
is not responsible for the failure to furnish utilities if the cause
is beyond the control of the Authority. Tenant must have written
permission from the Authority before Tenant uses a washing machine,
clothes dryer, air conditioner, freezer or other major appliance.
Clothes dryers and washing machines are not permitted at Schwartz
Homes, Robeson Village and Hoffman Pavilion.
5. ADDITIONAL CHARGES - The Tenant will also be required to pay
reasonable charges for damages beyond ordinary wear and tear caused
by the Tenant, a member of his household or his guest (See Section
9, Paragraph J.). Schedules of additional charges for excess utilities,
repairs, and any special services, as well as rules and regulations,
will be posted in a conspicuous manner at the management office
and shall be furnished to applicants and Tenants on request. The
Schedules will show the basis for determining any additional charge.
All additional charges will be collected as rent.
6. REDETERMINATION OF RENT, DWELLING SIZE AND ELIGIBILITY - At
least once each year as requested by the Authority, the Tenant agrees
to furnish accurate information to the Authority as to family income,
employment, and composition, for use by the Authority in determining
whether the rental should be changed, whether the dwelling size
is still appropriate for the Tenant's needs and whether the Tenant
is still eligible for low-rent housing. Tenant shall be required
to give to the Authority a copy of the most recent Federal and State
income tax returns filed by all household members. This determination
will be made in accordance with the income limits and occupancy
standards available in the management office of the Authority. In
addition, Tenant is required to report promptly and in any case
within ten (10) days all changes in income and family composition.
Failure to report changes in a timely manner shall be grounds for
termination of tenancy.
6A. RENT DETERMINATION - Rent as fixed in Section 3 or as adjusted
pursuant to the above will remain in effect for the period between
regular rent determinations unless during such period:
(1) The Tenant can show a change in circumstances (such as a decrease
in income) which would justify a reduction in rent or such other
circumstances which would create a hardship situation.
(2) The Tenant commences to receive public assistance or his public
assistance is terminated. Such a change must be reported to the
Authority within ten (10) days of its occurrence.
(3) If it is found that the tenant has misrepresented to the Authority
the facts upon which the rent is based or has failed to report a
change in family income so that the rent the Tenant is paying is
LESS that should have been charged then the appropriate increase
in rent shall be made retroactive to the date the Tenant should
have reported the change.
(4) In the event of any rent adjustment pursuant to the above the
Authority will mail or deliver a "Notice of Rent Adjustment"
to the Tenant in accordance with Section 16 of this lease. In the
case of rent decreases, the adjustment will become effective the
first of the following month. In cases of rent increases, the adjustment
will take effect the first day of the second following month, unless
the rent increase results from a finding of intentional misrepresentation
under Section 6a(3) above.
6B. UNIT SIZE REDETERMINATION - If the Authority determines that
the size of the dwelling unit is no longer appropriate to the Tenant's
needs, the Authority may amend this lease by notice to the Tenant,
in accordance with Section 16 of this lease, that the Tenant will
be required to move to another unit within the complex in which
Tenant lives, giving the Tenant a reasonable time in which to move.
7. OCCUPANCY OF THE DWELLING UNIT - The Tenant and Tenant's household
members shall have the right to exclusive use and occupancy of the
leased premises which shall include reasonable accommodation of
the Tenant's guests or visitors and, with the consent of Management,
may include care of foster children and live-in care of a member
of the Tenant's family. Tenant must advise the Authority in writing
of the names and ages and relationship of all persons who will constitute
Tenant's household. Guests or visitors who wish to stay more than
ten (10) days must have written consent of the Authority. Any guest
who stays more than ten (10) days without consent of the Authority
will be considered to be an additional member of tenant's household
for the purpose of rent determination in accordance with paragraph
6 and his or her presence will constitute a violation of this Lease.
Tenant shall not assign (i.e. transfer) this Lease and shall not
sublet or transfer possession of the apartment. Tenant shall not
give accommodation to boarders or lodgers.
8. OBLIGATIONS OF THE AUTHORITY - The Authority shall be obligated,
other than for circumstances beyond its control, as follows:
8A. To maintain the apartment and the complex in decent, safe and
sanitary condition.
8B. To comply with requirements of applicable building codes, housing
codes, and HUD regulations materially affecting health and safety.
8C. To make necessary repair to the premises.
8D. To keep buildings, facilities and common areas not otherwise
assigned to the Tenant for maintenance and upkeep, in a clean and
safe condition.
8E. To maintain in good and safe working order and condition, electrical,
plumbing, sanitary, heating, ventilating and other facilities and
appliances, including elevators, supplied or required to be supplied
by the Authority.
8F. To provide and maintain appropriate receptacles and facilities
for deposit of garbage, rubbish and other waste removed from the
premises by the Tenant. (except receptacles for the exclusive use
of an individual Tenant family).
8G. To reimburse tenant for the reasonable value of personal property
damaged by the negligence of the Housing Authority or its employee.
8H. To provide ranges and refrigerators for all new tenants and
for existing tenants as required.
8I To supply running water and reasonable amounts of hot water and
reasonable amounts of heat at appropriate times of the year.
8J. To notify the tenant of the specific grounds of any proposed
adverse action by the authority. Such notice shall include the notice
of the right to request a hearing under the Authority,s grievance
procedure.
9. OBLIGATIONS OF TENANT - The Tenant shall be obligated under the
terms of this lease as follows:
9A. Not to assign the lease or sublease the premises.
9B. Not to provide accommodations for boarders or lodgers.
9C. To use the premises solely as a private dwelling for the Tenant
and the Tenant's household as identified in the lease, and not
to use or permit its use for any purpose which is not incidental
to the primary use of the apartment.
9D. To abide by necessary and reasonable rules and regulations promulgated
by the Authority for the benefit and well-being of the housing complex
and the Tenants which shall be posted in the management office and
are incorporated into the Lease as Appendix A.
9E. To comply with all obligations imposed upon Tenants by applicable
provisions of building and housing codes materially affecting health
and safety.
9F. To keep the premises and such other areas as may be assigned
to him for his exclusive use in a clean and safe condition.
9G. To dispose of all garbage, rubbish and other waste from the
premises in a sanitary and safe manner.
9H. To use only in a reasonable manner all electrical, plumbing,
elevators, sanitary, heating, ventilating, air conditioning and
other facilities.
9I. To refrain from, and to cause his household and guests to refrain
from destroying, damaging, or removing any part of the apartment
or the complex.
9J. To pay reasonable charges (other than for normal wear and tear)
for the repair of damages to the premises, the building facilities
or common areas caused by the Tenant, his household or guests in
accordance with a schedule of charges posted in the complex office.
These charges shall not become due and collectible prior to the
first day of the second month following the month in which the charges
are incurred.
9K. To conduct himself and cause other persons who are on the premises
with his consent to conduct themselves in a manner which will not
disturb his neighbor's peaceful enjoyment of their accommodations
and will be conducive to maintaining the complex in a decent, safe
and sanitary condition.
9L. To refrain from illegal or other activity which impairs the
physical or social environment of the complex.
9M. The Tenant, any member of the Tenant's household, or a guest
or other person under the Tenant's control shall not engage in criminal
activity, including drug related criminal activity, on or near public
housing premises, while the Tenant is a Tenant in public housing,
and such criminal activity shall be cause for termination of tenancy.
The term "drug-related criminal activity" means the illegal
manufacture, sale, distribution, use or possession of a controlled
substance or narcotics paraphernalia as defined in New Jersey Statute
2C:35.
9N. Tenant shall not throw objects from the windows.
9O. Tenant shall not make physical alterations to the apartment
without prior permission of the Authority. Prohibited physical alterations
shall include, but shall not be limited to, installation of paneling
and wallpaper, installation of exterior tv and radio antennas, installation
of ceiling fans and modification of electrical wiring.
9P. Tenant shall not park personal motor vehicle in areas other
than parking lots and Tenant shall respect all Housing Authority,
police and permit parking regulations related to parking. Tenant
shall not park commercial vehicles or school buses on Housing Authority
property. Tenant shall not use hoses to wash cars or perform automobile
repairs or oil changes on Housing Authority property without approval.
9Q. Tenant shall not abandon vehicles on Authority property or allow
vehicles without registration plates to be parked on Authority property.
Such vehicles will be towed away within twenty-four (24) hours at
the owner's expense.
9R. Tenant shall not keep dogs or cats or other animals in the apartment,
however Tenants residing in Senior Citizen housing (Hoffman Pavilion)
may have pets subject to the Housing Authority Pet Policy.
9S. Tenant shall promptly notify the Authority of any changes in
the members of Tenant's household.
9T. Tenant and members of Tenant's household shall not possess any
firearms, pistol, rifle or shotgun while on Housing Authority
property whether in Tenant's apartment or on the Housing Authority
grounds unless Tenant is in possession of a valid Firearm Purchaser
Identification Card.
9U. Tenant shall pay the rent on time. Frequent late rent may be
cause for termination of this Lease.
9V. Truancy. Every Tenant who is a parent or guardian or in charge
of a child between the ages of 6 and 16 shall cause that child to
regularly attend public or private school. This is a material provision
of this Lease. Violation of this provision after notice may be a
cause for termination of the Lease.
10. DEFECTS HAZARDOUS TO LIFE, HEALTH OR SAFETY - The special obligations
of the Tenant and the Authority where a dangerous condition exists
which is hazardous to life, health, or safety are as follows:
10A. The Tenant shall immediately notify the complex management
of any such defect, condition or damage.
10B. The Authority shall be responsible for correcting the problem
within a reasonable time; however, if the damage was caused by the
Tenant, a member of his household, or his guest, the reasonable
cost of resolving the problem shall be charged to the Tenant.
10C. The Authority shall offer standard alternate accommodations,
if available, in circumstances where necessary repairs cannot be
made within a reasonable time.
10D. If the problem is not corrected in accordance with Paragraph
C, the rent shall be reduced or abated in proportion to the seriousness
of the damage and loss in value as a dwelling, except, no reduction
in rent due shall be made where the Tenant rejects reasonable alternative
accommodations or where the problem was caused by the Tenant, a
member of his household, or his guest.
11. PRE-OCCUPANCY AND PRE-TERMINATION INSPECTIONS - Before a Tenant
moves in, the Authority and the Tenant or his representative must
inspect the dwelling unit and the Authority shall give the Tenant
a written statement of the condition of the dwelling unit, the premises,
and the equipment provided. The Authority and the Tenant shall sign
the inspection statement and copy shall be filed in the Tenant's
folder. The Authority shall be further obligated to inspect the
unit at the time the Tenant vacates and to furnish the Tenant a
statement of any charges to be made in accordance with Section 9.(J).
Provisions shall be made for the Tenant's participation in the latter
inspection, unless the Tenant vacates without notice to the Authority.
12. ENTRY OF PREMISES DURING TENANCY -
12A. The Authority shall, upon reasonable advance notification
to the Tenant, be permitted to enter the dwelling unit during reasonable
hours for the purpose of performing routine inspections and maintenance,
for making improvements or repairs, or to show the premises for
re-leasing. A written statement specifying the purpose of the Authority's
entry delivered to the premises at least two days before such entry
shall be considered reasonable advance notification.
12B. The Authority may enter the premises at any time without advance
notification when there is reasonable cause to believe that an emergency
exists, for example, but not limited to, fire, flood, emergency
repairs, illness of a Tenant or death of a Tenant. In the event
that the Tenant and all adult members of the Tenant's household
are absent from the premises when entered in accordance with Paragraph
B, the Authority shall leave on the premises a written statement
specifying the date, time and purpose of entry prior to leaving
the premises.
13. NOTICE REQUIREMENTS -
13A. PRIOR NOTICE OF ENTRY - see Section 12
13B. CHANGES IN LEASE - see Section 16
13C. HAZARDOUS DEFECTS - see Section 10
13D. NOTICE OF TERMINATION - see Section 14
13E. NOTICE OF GRIEVANCE - see the Grievance Procedure
13F. CHANGE IN CHARGES - as described in Section 5. The Notices
must be delivered personally; or, mailed to each Tenant; or, posted
in three (3) places within each structure or building in which the
affected unit is located, as well as in a conspicuous place in the
management office.
13G. NEW JERSEY LAW & COURT RULES - The Notice given by the
Authority to the Tenant in certain areas is governed by the laws
of New Jersey and the New Jersey Court Rules. To the extent that
this Lease provides for different Notice requirements the one giving
greater protection to the Tenant shall prevail.
13H. OTHER - If not provided elsewhere, Notice to the Tenant shall
be in writing and delivered to the Tenant or to an adult member
of the Tenant's household residing in the dwelling or sent by prepaid
first-class mail properly addressed to the Tenant. Notice to the
Authority shall be in writing, delivered to the management office
or Authority's central office or sent by prepaid first-class mail,
properly addressed.
13I. Security Deposits - Within thirty (30) days of the expiration
of the tenancy the Authority shall return by personal delivery,
registered or certified mail, the proper Security Deposit and Interest
Amount. - See Section 3B
13J. Tenant Termination of Lease - Fourteen days - See Section 14D
14. TERMINATION OF LEASE -
14A. The Authority shall not refuse to renew this Lease other
than for serious or repeated violation of material terms of the
Lease such as failure to make payments due under the Lease or to
fulfill the Tenant obligations set forth in Section 9 or for other
good cause.
14B. The Authority shall give written notice of termination of this
Lease of:
(1) 14 days in the case of failure to pay rent; or
(2) A reasonable time commensurate with the urgency of the situation
in the case of creation or maintenance of a threat to the Health
or Safety of other Tenants or Authority employees; or
(3) 30 days in all other cases; or
(4) The Notice requirements of the New Jersey Statutes, whichever
provides the greater Notice to the Tenant.
14C. The notice of termination to the Tenant shall state reason
for the termination, shall inform the Tenant of the Tenant's right
to make such reply as the Tenant may wish and shall inform the Tenant
of his right to request a grievance hearing.
14D. This lease may be terminated by the Tenant at any time by giving
written notice to the Authority in the manner specified in Paragraph
13 above. The Tenant agrees to leave the dwelling unit in a clean
and good condition, reasonable wear and tear excepted, and to return
the keys to the Authority when he vacates. Tenant must give the
Authority two weeks notice of intent to terminate the Lease.
14E. The Authority will have no responsibility for security of Tenant's
personal belongings and household goods left in the apartment after
Tenant has terminated the Lease or abandoned the apartment. The
Authority's costs in removal and disposal of such property shall
be deducted from the Security Deposit.
15. GRIEVANCE PROCEDURE - All disputes concerning the obligation
of the Tenant or the Authority under this Lease shall be processed
and resolved in accordance with the Grievance Procedure of the Authority
which is in effect at the time such grievance or appeal arises,
which procedure is posted in the management Office and made a part
of this lease by reference. The Grievance Procedure must conform
to Volume 24, Code of Federal Regulations, Part 966. (See your Truth
in Renting booklet.)
16. MODIFICATION - All modifications of this Lease must be accompanied
by a written rider to the Lease executed by both the Authority and
the Tenant except that the rider need not be executed by the Tenant
if the modification is a change in rent resulting from rent determination
pursuant to Paragraph 6 of this Lease or if the modification is
a change in the schedules of special charges for services, repairs
and utilities and rules and regulations which are either made a
part of the lease by attachment or reference.
This Lease, including schedules of special charges and rules and
regulations which may be made a part of the lease by attachment
or reference to those items, may be modified from time to time by
the Authority provided that the Authority shall give at least thirty
(30) days written notice to each affected Tenant setting forth the
proposed change, the reasons for the changes, and providing the
Tenant an opportunity to present written comments which shall be
taken into consideration by the Authority prior to adoption of the
proposed changes.
17. WAIVER - The failure of the Authority or the Tenant to exercise
any right or remedy provided in this lease shall not affect the
right to do so at a later date for similar or other causes.
18. REGISTRATION STATEMENT - Pursuant to Chapter 50 of the Public
Laws of 1974 (N.J.S.A. 46:8-27 through -42) the Authority attaches
as Appendix B its Registration Statement. The Tenant acknowledges
receipt of the statement.
19. TRUTH IN RENTING STATEMENT - Pursuant to Chapter 310 of the
Public Laws of 1975 (N.J.S.A. 46:8-43 through -49) the Authority
attaches as Appendix C a copy of the Truth in Renting Statement.
The Tenant acknowledges receipt of the statement.
20. FEDERAL CRIME INSURANCE STATEMENT - Pursuant to Chapter 48
of the Public Laws of 1974 (N.J.S.A. 46:8-39) the Authority attaches
as Appendix D information regarding crime insurance through the
Federal Crime Insurance Program and information advising Tenant
where applications for such insurance may be obtained. Tenant acknowledges
receipt of the specified information.
21. CONFLICT BETWEEN LEASE AND RULES AND REGULATIONS - In the event
of any conflict between this Lease and the rules and regulations
promulgated at any time by the Authority, the terms of this Lease
shall prevail.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement
this _________ day of __________________, 19_____, at New Brunswick,
New Jersey.
___________________________ HOUSING AUTHORITY OF THE CITY OF NEW
BRUNSWICK
(Tenant)
___________________________ By: _________________________
(Tenant) Title: _________________________
HOUSING AUTHORITY OF THE CITY OF NEW BRUNSWICK
AMENDMENT TO DWELLING LEASE ADOPTED 2002
22. Paragraphs 9K and 9Q of the Dwelling Lease 9 (version 7/12/1993)
are hereby deleted and replaced by the following paragraphs.
23. Tenants shall be permitted to keep dogs, cats, and pet fish
in the apartment provided that such animals have been registered
with the Housing Authority in accordance with the Pet Policy and
provided that the appropriate pet deposit has been paid. Any tenant
who fails and refuses to register his or her pet or who keeps prohibited
pets (see Pet Policy) shall be subject to lease termination and
eviction.
24. TENANT'S OBLIGATIONS SHALL INCLUDE -
(1). To assure that no tenant, member of the tenant's household,
or guest engages in: (A) Any criminal activity that threatens the
health, safety or right to peaceful enjoyment of the premises by
other residents; or (B) Any drug-related criminal activity on or
off the premises;
(2) To assure that no other person under the tenant's control engages
in: (A) Any criminal activity that threatens the health, safety
or right to peaceful enjoyment of the premises by other residents;
or (B) Any drug-related criminal activity on the premises;
(3) To assure that no member of the household engages in an abuse
or pattern of abuse of alcohol that affects the health, safety,
or right to peaceful enjoyment of the premises by other residents.
25. ADDITIONAL GROUNDS FOR TERMINATION OF THIS LEASE -
(1) Amphetamines. The Housing Authority must immediately
terminate the tenancy if the Authority determines that any member
of the household has ever been convicted of drug-related criminal
activity for manufacture or production of methamphetamine on the
premises of federally assisted housing.
(2) Drug crime on or off the premises. Drug-related criminal
activity engaged in on or off the premises by any tenant, member
of the tenant's household or guest, and any such activity engaged
in on the premises by any other person under the tenant's control,
is grounds for the Authority to terminate tenancy. In addition,
the authority may evict a family when the Authority determines that
a household member is illegally using a drug or when the Authority
determines that a pattern of illegal use of a drug interferes with
the health, safety, or right to peaceful enjoyment of the premises
by other residents.
(3) Threat to other residents. Any criminal activity by a
covered person that threatens the health, safety, or right to peaceful
enjoyment of the premises by other residents (including Authority
management staff residing on the premises) or threatens the health,
safety, or right to peaceful enjoyment of their residences by persons
residing in the immediate vicinity of the premises is grounds for
termination of tenancy.
(4) Fugitive felon or parole violator. The Authority may
terminate the tenancy if a tenant is fleeing to avoid prosecution,
or custody or confinement after conviction, for a crime, or attempt
to commit a crime, that is a felony under the laws of the place
from which the individual flees, or that, in the case of the State
of New Jersey, is a high misdemeanor; or violating a condition of
probation or parole imposed under Federal or State law.
26. RENT DETERMINATION -
Paragraph 6A, Rent Determination, is amended by the addition of
(6). Tenant's rent will not be reduced where the family income
has decreased due to reductions in welfare benefits due to noncompliance
with welfare rules and regulations.
Date: ________________________________
______________________________________
Tenant
______________________________________
Tenant
Housing Authority of the
City of New Brunswick
By:___________________________________
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