FPHA LEASE FORM - Revised 02/01/2013
Effective 03/01/2013

Fort Pierce Housing Authority
RESIDENTAL LEASE AGREEMENT
THIS LEASE IS IN TWO PARTS:
Part I establishes the Terms and Conditions of the Lease. These apply to all residents;
Part II is a Lease contract. This is executed by the resident and the FPHA, includes Part I
Terms and Conditions (by reference) and the following information specific to each family’s
circumstances:


Identification of all members of Resident household by relationship to the Head of the
Household, their social security numbers, ages (at the time of Lease execution) and
dates of birth (DOB);



Unit address, occupancy date, development name and number;



Pro-rated and full monthly rent amount, security deposit required, pro-rated and full
monthly utility allowance provided (if any), pro-rated and full monthly utility
reimbursement (if any) and the amount of any other charges due under the Lease;



Utilities and appliances provided by the FPHA with the unit;



All pamphlets or informational materials provided to Resident;



Signature line for the parties to the Lease (all adult members of Resident household
must sign the Lease);



Emergency telephone number for Resident to use if maintenance problems arise with
the unit outside of normal FPHA working hours.

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PART I of the RESIDENTIAL LEASE AGREEMENT: TERMS AND CONDITIONS
Fort Pierce Housing Authority
THIS LEASE AGREEMENT (called the “Lease”) is between the Fort Pierce Housing Authority,
(called “FPHA” and Resident named in Part II of this Lease (called “Resident”). [966.4(a)]
I.

Description of the Parties and Premises: [966.4 (a)]
(a) FPHA, using data provided by Resident about income, family composition, and
needs, leases to Resident, the property (called “premises” or “ dwelling unit”)
described in Part II of this Lease Agreement, subject to the terms and conditions
contained in this Lease. [966.4 (a)]
(b) Premises must be used as the only private resident of the Resident and the
family members named on Part II of the Lease. The FPHA may, be prior written
approval, consent to Resident’s use of the unit for legal Profit-making activities
subject to the FPHA’s policy, found in the Admissions and Occupancy Policy on
such activities. [966.4 (d)(1 & 2)]
(c) Any additions to the household members named on the Lease, including Live-in
Aides and foster children, but excluding natural births, require the advance
written approval of FPHA. Such approval will be granted only if the new family
members pass FPHA’s screening criteria and a unit of the appropriate size is
available. Permission to add Live-in Aid and foster children shall not be
unreasonably refused. [966.4 (a)(2) & (d)(3)(i)]
(d) Resident shall report deletions (for any reason) from the household members
named on the Lease to the FPHA in writing, within 10 days of the occurrence.
[966.4 (c)(1) & (2) & (f)(3)]

II.

Lease and Amount of Rent
(a) Unless otherwise modified or terminated in accordance with Section XVI, this
Lease shall automatically be renewed for successive terms for 1 calendar year.
[966.4 (a)(1)] The rent amount is stated in Part II of this Lease. Rent shall
remain in effect unless adjusted by the FPHA in accordance with Section VII
herein. [966.4(c)]
(b) Rent is DUE and PAYABLE in advance on the first day of each month and
shall be considered delinquent after the fifth calendar day of the month.
When the fifth calendar day of the month falls on a weekend or a legal holiday,
rent shall not be considered delinquent until after the first working day following
such weekend or legal holiday. Rent may include utilities as described in
Section VII below, and includes all maintenance services due to normal wear
and tear. [966.4 (e)(1) & (3)]
(c) When FPHA makes any changes in the amount of Total Resident Payment or
Resident Rent, FPHA shall give written notice to Resident. The notice shall
state the new amount, and the date from which the new amount is applicable.
Rent predeterminations are subject to the Administrative Grievance Procedure.

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(d) The notice shall also state that Resident may ask for an explanation of how the
amount is computed by FPHA. If Resident asks for an explanation, FPHA shall
respond in 10 business days. [966.4 (c)(4)]
III.

Other Charges
In addition to rent, Resident is responsible for the payment of certain other charges
specified in this Lease. The types(s) and amounts of other charges are specified in Part
II of this Lease Agreement. Other Charges can include: [966.4 (b) (2)]
(a) Maintenance Costs - The cost for services or repairs due to intentional or
negligent damage to the dwelling unit, common areas or ground beyond normal
wear and tear, caused by Resident, household members or by guests. When
FPHA determines that needed maintenance is not caused by normal wear and
tear, Resident shall be charged for the cost of such service, either in
accordance with the Schedule of Maintenance Charges posted by FPHA or (for
work not listed on the Schedule of Maintenance Charges) based on the actual
cost to FPHA for the labor and materials needed to complete the work. If
overtime work is required, overtime rates shall be charged. [966.4 (b)(2)]
(b) Excess Utility Charges – At developments where utilities are provided by FPHA,
a charge shall be assessed for excess utility consumption due to the operation
of major Resident-supplied appliances. This charge does not apply to
Residents who pay their utilities directly to a utility supplier. [966.4 (b)(2)]
(c) Installation charges for Resident-supplied air conditioners.
(d) Late Charges – A charge of $25.00 for rent or other charges paid after rent is
considered late. [966.4 (b)(3)] FPHA shall provide written notice of the amount
of any charge in addition to Resident Rent, and when the charge is due.
Charges in addition to rent are due no sooner than 2 weeks after Resident
receives FPHA’s written notice of the charge. [966.4 (b)(4)]
(e) Insufficient Fund Charges – A charge of $25.00 or equal to that charged to
FPHA by any financial institution for any insufficient funds check.

IV.

Payment Location
Rent and other charges can be paid at FPHA’s main office located at 511 Orange
Avenue, Fort Pierce or at another location as prescribed by the Executive Director.
FPHA will not accept cash. Residents who have submitted a check that is returned for
insufficient funds shall be required to make all future payments by cashier’s check or
money order.

V.

Security Deposit
(a) Resident Responsibilities: Resident agrees to pay an amount equal to $100.00
for a zero or one (1) bedroom; $150.00 for a two (2) or three (3) bedroom or a
maximum of $200.00 for four (4) or more bedrooms units. FPHA reserves the
right to make other arrangements for payment of security deposits in the case of
extreme hardship. The dollar amount of the security deposit is noted on Part II
of this Residential Lease. [966.4 (b)(5)]

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(b) FPHA’s Responsibilities: FPHA will use the Security Deposit at the termination
of this Lease:
1. To pay the cost of any rent or any other charges owed by Resident
when Resident vacates the unit.
2. To reimburse the cost of repairing any intentional or negligent damages,
or excess wear and tear to the dwelling unit caused by Resident,
household members or guests.
The Security Deposit may not be used to pay rent or other charges while Resident
occupies the dwelling unit. No refund of the Security Deposit will be made until
Resident has vacated, and FPHA has inspected the dwelling unit. The return of a
security deposit shall occur within 30 days after Resident moves out, although Resident
will be notified within 15 days of FPHA’s intention to make any charges against the
security deposit.
FPHA agrees to return the Security Deposit, if any, to Resident when he/she vacates,
less any deductions for any costs indicated above, so long as Resident furnishes FPHA
with a forwarding address. If any deductions are made, FPHA will furnish Resident with
a written statement of any such costs for damages and/or other charges deductions
from the Security Deposit. FPHA will not pay interest on Security Deposits.
VI.

Utilities and Appliances [966.4 (b)(1)]
(a) FPHA Supplied Utilities: If indicated by an (X) on Part II, FPHA will supply the
indicated utility: electricity, natural gas, heating fuel, water, sewer service or
trash collection. FPHA will not be liable for the failure to supply utility service for
any cause whatsoever beyond its control. Other major electrical appliances, air
conditioners, freezers, extra refrigerators, washers, dryers, etc., may be
installed and operated only if Resident obtains written approval from FPHA,
which FPHA has full discretion to deny. [966.4 (b)(2)]
(b) Resident-paid Utilities: If Resident resides in a development where FPHA does
not supply electricity, natural gas, heating fuel, water, sewer service, or trash
collection, all allowance for Utilities shall be established, appropriate for the size
and type of dwelling unit, for utilities Resident pays directly to the utility supplier.
The Total Resident Payment less the Allowance for Utilities equals Resident
Rent. If the Allowance for Utilities exceeds the Total Resident Payment, FPHA
will pay a Utility Reimbursement each month. [913.102]
(c) FPHA may change the Allowance at any time during the term of the Lease, and
shall give Resident 60 day’s written notice of the revised allowance along with
any resultant charges in Resident Rent or Utility Reimbursement. [965.473 (c)]
If Resident’s actual utility bill exceeds the Allowance for Utilities, Resident shall
be responsible for paying the actual bill to the supplier. If Resident’s actual utility
bill is LESS than the Allowance for Utilities, Resident shall receive the benefit of
such saving.
(d) Resident Responsibilities: Resident agrees to abide by any local ordinances of
House Rules restricting or prohibiting the use of space heaters in multi-dwelling
units.

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VII.

Terms and Conditions

The following terms and conditions of occupancy are made a part of the Lease.
(a) Use and Occupancy of Dwelling: Resident shall have the right to exclusive use
and occupancy of the dwelling unit for Resident and other household members
listed on the Lease. With the prior written consent of FPHA, members of the
household may engage in legal profit making activities in the dwelling unit.
[966.4(d)(1) & (2)]
(b) This provision permits accommodation of Resident’s guests or visitors for a
period not exceeding 14 calendar days in any 12 month period. Permission
may be granted, upon written request through the Manager, for an extension of
this provision. [966.4 (d) (1)]
(c) Ability to comply with Lease terms: If, during the term of this Lease, Resident,
by reason of physical or mental impairment is no longer able to comply with the
material provisions of this Lease, and cannot make arrangements for someone
to aid him/her in complying with the Lease, and FPHA cannot make a
reasonable accommodation that would enable Resident to comply with the
Lease THEN; FPHA may assist Resident, or designated member(s) of
Resident’s family, to find more suitable housing and terminate the Resident’s
Lease.
(d) At the time of admission, all Residents must identify the family member(s) to be
contacted if they become unable to comply with Lease terms.
(e) Redetermination of Rent, Dwelling Size, and Eligibility. The rent amount as
fixed in Part II of the Lease Agreement is due each month until changed as
described below.
1. The status of each family is to be re-examined at least once a
year. At the annual recertification Resident shall certify to
compliance with the 8 hour per month community service
requirement, if applicable. [960.209]
2. Resident promises to supply FPHA, when requested, with
accurate information about: family composition, age of family
members, income and source of income of all family members,
income and source of income of all family members, assets,
community service activities, and related information necessary to
determine eligibility, annual income, adjusted income, and rent.
[966.4 (c)(2)]
3. Failure to supply such information when requested is a serious
violation of the terms of the Lease and FPHA may terminate the
Lease.
4. All information may be verified. Resident agrees to comply with
FPHA requests for verification by signing leases for third-party
sources, presenting documents for review, or providing other
suitable forms of verification. [966.4 (c)(2)]
5. FPHA shall give Resident reasonable written notice of what
actions Resident must take, and of the date by which any such
actions Resident must take, and of the date by which any such
action must be taken for compliance under this section. This
information will be used by FPHA to decide whether the amount of
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(f)

the rent should be changed, and whether the dwelling size is still
appropriate for Resident’s needs.
6. This determination will be made in accordance with the
Admissions and Occupancy Policy, which is publicly posted in the
Development Office and on FPHA’s website. A copy of the
policies can be furnished on request at the expense of the person
making the request.
7. Rent will not change during the period between regular reexaminations, UNLESS during such period: [960.209 (b)]
(a) Resident can verify a change in his/her circumstances (such
as decline in or loss of income) that would justify a reduction
in rent, except that rent shall not be reduced because a
Resident’s TANF grant is reduced because Resident failed
to comply with TANF requirement. [913.107,1995 Edition]
A Resident has experienced an increase in household
income or a decrease in expenses related to the rent
calculation. If a reduction is granted, Resident must report
subsequent increases in income within 10 days of the
occurrence, until the next scheduled re-examination.
(Failure to report within the 10 days may result in a
retroactive rent charge.)
(b) It is found that Resident has misrepresented the facts upon
which the rent is based so that the rent Resident is paying is
less than the rent that he/she should have been charged.
FPHA then may apply an increase in rent retroactive to the
first of the month following the month in which the
misrepresentation occurred.
(c) Rent formulas or procedures are changed by Federal Law or
regulation.
8. All changes in family composition must be reported to the Housing
Manager within 10 days of the occurrence. Failure to report within
the 10 days may result in a retroactive rent charge. [966.4 (c)(2)]
9. This Lease will not be revised to permit a change of family
composition resulting from a request to allow adult children to
move back into the unit unless it is determined that the move is
essential for the mental or physical health of Resident AND does
not disqualify the family for size unit it is currently occupying.
Rent Adjustments: Resident will be notified in writing of any rent adjustment
due to the situations described above; all notices will state the effective date of
the rent adjustment.
1. In the case of rent decrease, the adjustment will become effective
on the first day of the month following the reported change in
circumstances, provided Resident reported the change in a timely
manner, as specified above.
2. In the case of a rent increase, when an increase in income occurs
after a prior rent reduction and is reported within 10 days of the
occurrence, the increase will become effective the first day of the
2nd month following the month in which the change was reported.

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3.

In the case of a rent increase due to misrepresentation, failure to
report a change in family composition, or failure to report an
increase in income (after a reduction in rent per the fixed rent
policy), FPHA shall apply the increase in rent retroactive to the
first of the month following the month in which the
misrepresentation occurred.
(g) Transfers [966.4 (c)(3)]
1. Resident agrees that if FPHA determines that the size or design of
the dwelling unit is no longer appropriate to Resident’s needs,
FPHA shall send Resident written notice. Resident further agrees
to accept a new Lease for a different dwelling unit of the
appropriate size or design.
2. FPHA may move a Resident into another unit if it is determined
necessary to rehabilitate or demolish Resident’s unit.
3. If a Resident makes a written request for special unit features in
support of a documented disability, FPHA shall modify Resident’s
existing unit. If the cost and extent of the modifications needed
are equal to or greater than those required for a fully accessible
unit, FPHA may transfer Resident to another unit with the features
requested at FPHA’s expense.
4. A Resident without disabilities that is housed in a unit with special
features must transfer to a unit without such features should a
Resident with disabilities need the unit.
5. In the case of involuntary transfers, Resident shall be required to
move into the dwelling unit made available by FPHA. Resident
shall be given 15 days time in which to move following delivery of
a transfer notice. If Resident refuses to move, FPHA may
terminate the Lease. [966.4 (c)(3)]
6. Involuntary transfers are subject to the Grievance Procedure, and
no such transfers may be made until either the time to request a
Grievance has expired or the procedure has been completed.
[966.4 (c)(4)]
7. FPHA will consider any Resident requests for transfers in
accordance with the transfer priorities established in the
Admissions and Occupancy Policies.
VIII.

FPHA Obligations [966.4(e)]

FPHA shall be obligated:
(a) To maintain the dwelling unit and the development grounds in decent, safe and
sanitary condition; [966.4 (e)(1)]
(b) To comply with the requirements of applicable building codes, housing codes,
and HUD regulations materially affecting health and safety; [966.4 (e)(2)]
(c) To make necessary repairs to the dwelling unit; [966.4 (e)(3)]
(d) To keep development buildings, facilities, and common areas, not otherwise
assigned to Resident for maintenance and upkeep, in a clean and safe
condition; [966.4(e)(4)]

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(e) 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 with FPHA; [966.4 (e)(5)]
(f) To provide and maintain appropriate receptacles and facilities (except container
for the exclusive use of an individual Resident family) for the deposit of garbage,
rubbish, and other waste removed from the premise by Resident as required by
this Lease; [966.4 (e)(6)]
(g) To supply running water and reasonable amounts of hot water and reasonable
amount of heat at appropriate times of the year according to local custom and
usage; EXCEPT where the building that includes the dwelling unit is not
required to be equipped for the purpose, or where heat or how water is
generated by an installation within the exclusive control of Resident and
supplied by a direct utility connection; [966.4 (e)(7)]
(h) To notify Resident of the specific grounds for any proposed adverse action by
FPHA. (Such adverse action includes, but is not limited to: a proposed Lease
termination, transfer of Resident to another unit, change in amount of rent, or
imposition of charges for maintenance and repair, or for excess consumption of
utilities.) When FPHA is required to afford Resident the opportunity for a
hearing under the FPHA grievance procedure for a grievance concerning a
proposed adverse action:
1. The notice of the proposed adverse action shall inform Resident of the
right to request such hearing. In the case of Lease termination, a notice
of Lease termination that complies with 966.4(1)(3) shall constitute
adequate notice of proposed adverse action.
2. In the case of a proposed adverse action other than a proposed Lease
termination, FPHA shall not take the proposed action until time to
request such a hearing has expired or (if hearing was timely requested)
the grievance process has been completed. [966.4(e)(8)
IX.

Resident’s Obligations
Resident shall be obligated:
(a) Not to assign the Lease, nor sub-lease the dwelling unit. [966.4 (f)(1)]
(b) Not to give accommodation to boarders or lodgers; [966.4(f)(2)]; nor to long
term guests (in excess of 14 calendar days) without the advance written
consent of FPHA.
(c) To use the dwelling unit solely as a private dwelling for Resident and Resident’s
household as identified in PART II of the Lease, and not to use or permit its use
for any other purpose, except as expressly approved by FPHA in accordance
with the Admissions and Occupancy Policy. [966.4 (f)(3)] This provision does
not exclude the care of foster children or live-in care for a family member,
provided the accommodation of such persons conforms to FPHA’s occupancy
standards, and so long as FPHA has granted prior written approval for such to
reside in the unit. [966.4 (d)(3)(i)]
(d) To abide by necessary and reasonable regulations of FPHA for the benefit and
well-being of the housing development and Residents. These regulations shall
be posted in a conspicuous manner in the development office and incorporated
by reference in this Lease. Violation of such regulations constitutes a violation
of the Lease. [966.4 (f)(4)]
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(e) To comply with the requirements of applicable state and local building or
housing codes, materially affecting health and/or safety of Resident and
household. [966.4 (f)(5)]
(f) To keep the dwelling unit and other such areas as may be assigned to Resident
for exclusive use in a clean and safe condition. [966.4(f)(6)] This includes
keeping front and rear entrances and walkways for the exclusive use of
Resident, free from hazards and trash and keeping the yard free of debris and
litter. Exceptions to this requirement may be made for Residents who have no
household members able to perform such tasks because of age or disability.
[966.4(g)]
(g) To dispose of all garbage, rubbish, and other waste from the dwelling unit in a
sanitary and safe manner only in containers approved or provided by FPHA. [§
966.4(f)(7)] To refrain from, and cause members of Resident’s household or
guest to refrain from, littering or leaving trash and debris in common areas.
(h) To use only in reasonable manner all electrical, sanitary, heating, ventilating,
air-conditioning, and other facilities. [966.4(f)(8)]
(i) To refrain from, and to cause household and guests to refrain from destroying,
defacing, damaging, or removing any part of dwelling unit or development,
which includes controlling children so that they will not play on or throw debris
on rooms or climb trees. [966.4 (f)(9)]
(j) To pay reasonable charges (other than for wear and tear) for the repair of
damages to the dwelling unit, development buildings, facilities, or common
areas cause by Resident, household members or guests. [§ 966.4 (f)(10)]
(k) To act, and cause household members or guests to act in a manner that will:
1. Not disturb other residents’ peaceful enjoyment of their
accommodations; and
2. Be conducive to maintaining all FPHA developments in a decent, safe,
and sanitary condition. [966.4 (f)(11)]
(l) To assure that Resident, any member of the household, a guest, or another
person under Resident’s control, shall not engage in:
1. Any criminal activity that threatens the health, safety, or right to peaceful
enjoyment of FPHA’s public housing premises by other residents or
employees of FPHA, or;
2. Any drug-related criminal activity. Any criminal activity in violation of the
preceding sentence shall be cause for termination of tenancy, and for
eviction from the unit. (For the purposes of this Lease, the term drugrelated criminal activity means the illegal possession, manufacture, sale,
distribution, use or possession with intent to manufacture, sell,
distribute, or use of a controlled substance as defined in Section 102 of
the Controlled Substance Act.) [966.4(f)(12)]
(m) To make no alterations or repairs or redecorations to the interior of the dwelling
unit, exterior landscaping and planting, or to the equipment, nor to install
additional equipment or major appliance without written consent of FPHA. To
make no changes to locks or install new locks on exterior or interior doors
without FPHA’s written approval. To use no nails, tacks, screws, brackets, or
fasteners on any part of the dwelling unit (a reasonable number of picture
hangers excepted) without authorization by FPHA.
(n) To give prompt prior notice of FPHA, in accordance with Section VIII hereof, of
Resident’s leaving dwelling unit unoccupied for any period exceeding 3 calendar
days.
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(o) To act in a cooperative manner with neighbors and FPHA staff. To refrain from
or cause members of Resident’s household or guests to refrain from acting or
speaking in an abusive or threatening manner toward neighbors and FPHA
staff.
(p) To refrain from possessing, owning, or bringing on FPHA property any illegal
weapons and to ensure that any legal firearms owned, stored or kept
temporarily on FPHA premises are stored unloaded and are kept either in a
locked gun cabinet or with locked trigger guards.
(q) To take reasonable precautions to prevent fires and to refrain from storing or
keeping highly flammable materials upon the premises.
(r) To avoid obstructing sidewalks, areaways, galleries, passages, elevators, or
stairs and to avoid using these for purposes other than going in and out of the
dwelling unit.
(s) To refrain from erecting or hanging radio or television antennas on or from any
part of the dwelling unit.
(t) To refrain from placing signs of any type in or about the dwelling except those
allowed under applicable zoning ordinance and then only after having received
written permission of FPHA.
(u) To refrain from, and cause members of Resident’s household to refrain from
keeping, maintaining, harboring, or boarding any pet of any nature except in full
compliance with FPHA’s pet policy, unless a verified disability requires the
possession of a service or companion animal. To refrain from feeding wildlife
on FPHA property.
(v) To remove from FPHA property any vehicles without valid registration and
inspection stickers. To refrain from parking any vehicles in any right-of-way or
fire lane designated and marked by FPHA, and on any lawn or other area not
specifically designated for parking. Any inoperable or unlicensed vehicle as
described above will be removed from FPHA property at Resident’s expense.
Automotive repairs are not permitted on development site. House or other
trailers, boats, recreational vehicles, and commercial vehicles are not permitted
on FPHA development sites.
(w) To remove any personal property left on FPHA property when Resident leaves,
abandons or surrenders the dwelling unit. Property left for more than 14 days
shall be considered abandoned and will be disposed of by FPHA. Costs for
storage and disposal shall be assessed against the former Resident.
(x) To use reasonable care to keep his/her dwelling unit in such condition as to
ensure proper health and sanitation standards for Resident, household
members and neighbors. RESIDENT SHALL NOTIFY THE AUTHORITY
PROMPTLY OF KNOWN NEED FOR REPAIRS TO HIS/HER DWELLING
UNIT, and of known unsafe or unsanitary conditions in the dwelling unit or in
common areas and grounds of the development. Resident’s failure to report the
need for repairs in a timely manner shall be considered to contribute to any
damage that occurs.
(y) 1. Not to commit any fraud in connection with any Federal housing assistance
program, and
2. Not to receive assistance for occupancy of any other unit assisted under any
Federal housing assistance program during the term of the Lease.
(z) To pay promptly any utility bills for utilities supplied to Resident by a direct
connection to the utility company, and to avoid disconnection of utility service for
such utilities.
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(aa) For each adult in the Resident household to perform at least 8 hours per month
of qualifying community service (as specified by the FPHA) unless the
requirement is waived due to age, disability, or the fact that an adult is excused
from this requirement because he/she is working, attending an educational
institution, or participating in some other qualified training program. Residents
whose community service is waived will be notified at the time this requirement
goes into effect or at move-in, whichever is later.
(bb) Upon issuance of a trespass warning by FPHA or its authorized agent, Resident
and members of Resident household shall not invite or allow onto FPHA
property any persons against which a trespass warning has been issued.
X.

Defects Hazardous to Life, Health or Safety
In the event that the dwelling unit is damaged to the extent that conditions are created
that are hazardous to the life, health, or safety of the occupants: [966.4(h)]
FPHA Responsibilities:
a. FPHA shall be responsible for repair of the unit within a reasonable
period of time after receiving notice from Resident, provided, if the
damage was caused by Resident, household members, or guests, the
reasonable cost of the repairs shall be charged to Resident. [966.4
(h)(2)]
b. FPHA shall offer Resident a replacement dwelling unit, if available, if
necessary repairs cannot be made within a reasonable time. FPHA is
not required to offer Resident a replacement unit if Resident,
household members or guests caused the hazardous condition.
[966.4(h)(3)]
c. Resident shall accept any replacement unit offered by FPHA. If the
replacement unit is not the appropriate size for the Resident, Resident
shall be transferred to a unit of appropriate size as soon as
practicable.
d. In the event FPHA, as described above cannot make repairs, and
alternative accommodations are unavailable, then rent shall abate in
proportion to the seriousness of the damage and loss in value as a
dwelling. No abatement of rent shall occur if Resident rejects
alternative accommodations or if Resident, household members, or
guests caused the damage. [966.4 (h)(1)]
e. If FPHA determines that the dwelling unit cannot be occupied because
of imminent danger to the life, health, and safety of Resident and
Resident refuses alternative accommodations, this Lease shall be
terminated, and any rent paid for the month will be refunded to
Resident.
Resident Responsibilities:
Resident shall immediately notify the Development Manager in writing of the
damage. Resident agrees to continue to pay full rent, less there is an abated
portion agreed upon by FPHA during the time in which the defect remains
uncorrected.
FPHA Lease, Part I, Page 11

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XI.

Move-in and Move-out Inspections
(a) Move-in Inspection: FPHA and Resident or representative shall inspect the
dwelling unit prior to occupancy by Resident. FPHA will give Resident a written
statement of the condition of the dwelling unit, both inside and outside, and note
any equipment provided with the unit. The statement shall be signed by FPHA
and Resident and a copy of the statement retained in Resident’s folder.
[966.4(i)]
(b)
FPHA will correct any deficiencies noted on the inspection report, at no charge
to Resident. Emergency deficiencies will be repaired or abated within 24 hours.
Non-emergency deficiencies shall generally be corrected in 30 days or more
quickly, depending on the urgency of the deficiency.
(c) Move-out Inspection: FPHA will inspect the unit at the time Resident vacates
and give Resident a written statement of the charges, if any, for which Resident
is responsible. Resident and/or representative may join in such inspection,
unless Resident vacates without notice to FPHA. [966.4(i)]

XII.

Entry of Premises During Tenancy
(a) Resident Responsibilities—
1. Resident agrees that the duly authorized agent, employee, or contractor
of FPHA will be permitted to enter Resident’s dwelling during reasonable
hours (8:00 A.M. to 7:00 P.M.) for the purpose of performing routine
maintenance, making improvements or repairs, inspecting the unit, or
showing the unit for releasing. [966.4 (j)(1)
2. When Resident calls to request maintenance on the unit, FPHA shall
attempt to provide such maintenance at a time convenient to Resident.
If Resident is absent from the dwelling unit when FPHA comes to
perform maintenance, Resident’s request for maintenance shall
constitute permission to enter.
(b) FPHA’s Responsibilities—
1. FPHA shall give Resident as least 48 hours written notice that FPHA
intends to enter the unit. FPHA may enter only at reasonable times.
[966.4 (j)(1)
2. FPHA may enter Resident’s dwelling unit at any time without advance
notification when there is reasonable cause to believe that an
emergency exists. [966.4 (j)(2)]
3. If Resident and all adult members of the household are absent from the
dwelling unit at the time of entry, FPHA shall leave in the dwelling unit a
written statement specifying the date, time and purpose of entry prior to
leaving the dwelling unit. [966.4 (j)(3)]

XIII.

Notice Procedures
(a) Resident Responsibility – Any notice to FPHA may be in writing, delivered to the
Development Office or to FPHA’s central office, or sent by prepaid first-class
mail, properly addressed. [966.4(k)(1)(ii)]
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(b) FPHA Responsibility – Notice to Resident must be in writing, delivered to
Resident or to any adult member of the household residing in the dwelling unit;
sent to Resident’s door or sent by first-class mail addressed to Resident. [966.4
(k)(1)(i)]
(c) Unopened, cancelled, first class mail returned by the Post Office shall be
sufficient evidence that notice was given.
(d) If Resident is visually impaired, FPHA shall make a reasonable accommodation
so that all notices be in an accessible format. [966.4 (k)(2)]
XIV.

Termination of the Lease

In terminating the Lease, the following procedures shall be followed by FPHA and
Resident:
(a) This Lease may be terminated only for serious or repeated violations of material
terms of the Lease, such as failure to make payments due under the Lease or to
fulfill Resident obligations set forth in section IX above, or for other good cause.
[966.4 (l)(2)]
(b) Such serious or repeated violation of terms shall include, but not be limited
to:
1. The failure to pay rent or other payments when due; [966.4 (l)(2)]
2. Failure to pay utility bills when Resident is responsible for paying such
bills directly to the supplier of utilities; [966.4 (l)(2)]
3. Misrepresentation of family income, assets, or composition; [966.4
(c)(2)]
4. Failure to supply, in a timely fashion, any certification, release,
information, or documentation on Family income, community service or
composition needed to process annual reexaminations or interim
redetermination; [966.4 (c)(2)]
5. Serious or repeated damage to the dwelling unit, creation of physical
hazards in the unit, common areas, grounds, or parking areas of any
development site; [966.4 (l)(2)]
6. Criminal activity by Resident, household member, guest, or other person
under Resident’s control, including criminal activity that threatens the
health, safety or right to peaceful enjoyment of FPHA’s public housing
premises by other residents, or any drug-related criminal activity, or onestrike activity; [966.4 (l)(2)]
7. Illegal weapons or illegal drugs seized in a FPHA unit by a law
enforcement officer; [966.4 (l) (2)]
8. Any fire on FPHA premises caused by carelessness or unattended
cooking. [966.4 (1)(2)]
(c) FPHA shall give written notice of the proposed termination of the Lease of:
1. 14 days in the case of failure to pay rent;
2. A reasonable time between 24 hours and 30 Days, but not to exceed 30
days, considering the seriousness of the situation when the health or
safety of other Residents or FPHA staff is threatened;
3. 30 day in any other case. [966.4(l)(3)(i)(A),(B) & (C)]

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(d) The notice of termination:
1. The notice of termination to Resident shall state specific reasons for the
termination, shall inform Resident of his/her right to make such reply as
he/she may wish, and Resident’s right to examine FPHA documents
directly relevant to the termination or eviction. [966.4 (l)(3)(ii)]
2. When FPHA is required to offer Resident the opportunity for a grievance
hearing, the notice shall also inform Resident of the right to request such
a hearing in accordance with FPHA’s grievance procedures. [966.4
(l)(3)(ii)]
3. Any notice to vacate (or quit) that is required by State or local law may
be combined with, or run concurrently with the notice of Lease
termination under this section. [966.4(l)(3)(iii)] The notice to vacate must
be in writing, and specify that if Resident fails to quit the premises within
the applicable statutory period, appropriate action will be brought
against Resident, and Resident may be required to pay the costs of
court and attorney’s fees.
4. When FPHA is required to offer Resident the opportunity for a grievance
hearing concerning the Lease termination under FPHA’s grievance
procedure, the tenancy shall not terminate (even if any notice to vacate
under State of Local law has expired) until the period to request a
hearing has expired, or (if a hearing is requested) the grievance process
has been completed. [966.4 (l)(3)(iv)]
5. FPHA is not required to offer Resident the opportunity for a hearing
under the grievance procedure when the Lease is being terminated for
drug-related criminal activity or other criminal activity that threatens the
life, health, safety or right to peaceful enjoyment of other FPHA
Residents or staff. FPHA has decided to exclude such grievance from
FPHA grievance procedure, so the notice of Lease termination shall (a)
state that Resident is not entitled to a grievance hearing on the
termination; (b) specify the judicial eviction procedure to be used by
FPHA for eviction and state that HUD has determined that this eviction
procedure provides the opportunity for a hearing in a court that contains
the basic elements of due process as defined in HUD regulations; and
(c) state whether the eviction is for a criminal activity that threatens
health or safety or residents or staff or for drug related criminal activity.
[966.4 (l)(4)]
(e) Resident may terminate this Lease at any time by giving 15 days written notice
as described in Section XIII, above.
(f) In deciding to evict for criminal activity, FPHA shall have discretion to consider
(or not to consider) all of the circumstances of the case, including the
seriousness of the offense, the extent of participation by or awareness of family
members, and the effects that the eviction would have both on family members
not involved in the proscribed activity and on the family’s neighbors. In
appropriate cases, FPHA may permit continued occupancy by remaining family
members and may impose a condition that family members who engaged in the
proscribed activity will neither reside in nor visit the unit. FPHA may require a
family member who has engaged in the illegal use of drugs to present credible
evidence of successful completion of a treatment program as a condition to
being allowed to reside in the unit. [966.4 (l)(5)]
FPHA Lease, Part I, Page 14

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(g) When a FPHA evicts a Resident from a dwelling unit for criminal activity FPHA
shall notify the local post office serving that dwelling unit that such individual or
family is no longer residing in the unit so the post office will stop mail delivery for
such persons and they will have no reason to return to the unit. [966.4 (l)(5)(ii)]
XV.

Waiver

No delay or failure by FPHA in exercising an right under this Lease Agreement, and no
partial or single exercise or any such right shall constitute a waiver (post or prospective) of
that or any other right, unless otherwise expressly provided herein.
XVI.

Housekeeping Standards

In an effort to improve the livability and conditions of the apartments owned and managed
by FPHA, uniform standards for resident housekeeping have been developed for all
Resident families.
(a) FPHA Responsibility: The standards that follow will be applied fairly and
uniformly to all Residents. Following proper notice as described in Section XIII,
FPHA will inspect each unit at least annually, to determine compliance with the
standards. Upon completion of an inspection FPHA will notify Resident in
writing if he/she fails to comply with the standards. FPHA will advise Resident
of the specific correction(s) required establishing compliance, and indicating that
training is available. Within a reasonable period of time, FPHA will schedule a
second inspection. Failure of a second inspection will constitute a violation of
the Lease terms. Training will be available at no cost to any Resident
requesting or needing assistance in complying with the Housekeeping
Standards.
(b) Resident Responsibility: Resident is required to abide by the standards set
forth below. Failure to abide by the Housekeeping Standards that result in
the creation or maintenance of a threat to health or safety is a violation of
the Lease terms and can result in eviction.
(c) Housekeeping Standards: Inside the Apartment
General –
Walls: Should be clean, free of dirt, grease, holes, cobwebs, and fingerprints.
1. Floors: Should be clean, clear, dry and free of hazard.
2. Ceilings: Should be clean and free of cobwebs.
3. Windows: Should be clean and not nailed shut. Shades or blinds
should be intact.
4. Woodwork: Should be clean, free of dust, gouges, or scratches.
5. Doors: Should be clean, free of grease and fingerprints. Doorstops
should be present. Locks should work.
6. Heating Units: Should be dusted and access uncluttered.
7. Trash: Shall be disposed of properly and not left in the unit.
8. Entire unit should be free of rodent or insect infestation.
Kitchen –
1. Stove: Should be clean and free of food and grease.
2. Refrigerator: Should be clean. Freezer door should close properly and
freezer have no more than one inch of ice.
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3. Cabinets: Should be clean and neat. Cabinet surfaces and countertop
should be free of grease and spilled food. Cabinets should not be
overloaded. Storage under the sink should be limited to small or
lightweight items to permit access for repairs. Heavy pots and pans
should not be stored under the sink.
4. Exhaust Fan: Should be free of grease and dust.
5. Sink: Should be clean, free of grease and garbage. Dirty dishes should
be washed and put away in a timely manner.
6. Food Storage Areas: Should be neat and clean without spilled food.
7. Trash/garbage: Should be stored in a covered container until removed
to the disposal area.
Bathroom –
1. Toilet and Tank: Should be clean and odor free.
2. Tub and Shower: Should be clean and free of excessive mildew and
mold. Where applicable, shower curtains should be in place and of
adequate length.
3. Lavatory: Should be clean.
4. Exhaust Fans: Should be free of dust.
5. Floor should be clean and dry.
Storage Areas –
1. Linen closet: Should be neat and clean.
2. Other Closets: Should be neat and clean. No highly flammable materials
should be stored in the unit.
3. Other storage areas: should be clean, neat and free of hazards.
a. Housekeeping Standards: Outside the Apartment
The following standards apply to family and scattered site development only;
some standards apply only when the area noted is for the exclusive use of
Resident:
1. Yards: Should be free of debris, trash and abandoned cars. Exterior
walls should be free of graffiti.
2. Only lightweight outdoor furniture may be placed in FPHA yards, on
porches, or elsewhere outdoors.
3. Porches (front and rear): Should be clean and free of hazards.
4. Any items stored on the porch shall not impede access to the unit.
5. Steps (front and rear): Should be clean and free of hazards.
6. Sidewalks: Should be clean and free of hazards.
7. Storm Doors: Should be clean, with glass or screens intact.
8. Parking lot: Should be free of abandoned cars. There should be no car
repairs on FPHA premises.
9. Parking is permitted only in designated parking areas, never on grass or
areas intended for grass.
10. Hallways: Should be clean and free of hazards.
11. Stairwells: Should be clean and uncluttered.
12. Laundry areas: Should be clean and neat.
13. Remove lint from dryers after use.
14. Utility Rooms: Should be free of debris, motor vehicle parts, and
flammable materials.
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RESIDENT AGREES THAT ALL THE PROVISIONS OF THIS LEASE HAVE BEEN READ
AND ARE UNDERSTOOD AND FURTHER AGREES TO BE BOUND BY ITS PROVISIONS
AND CONDITIONS AS WRITTEN. (SIGNATURE REQUIRED ON PART II OF THE LEASE.)

FPHA Lease, Part I, Page 17