THE HOUSING AUTHORITY OF THE COUNTY OF DEKALB

310 N. Sixth Street

DeKalb, IL60115

(815)758-2692

PUBLIC HOUSING LEASE

1)PARTIES AND DWELLING UNIT: The parties to this Lease are The Housing Authority of the County of DeKalb, referred to as Landlord, and, the occupying family, referred to as the Tenant. The Landlord leases to the Tenant the premises located at:

Unit Street Number> <Unit Street1>, Apt. <Unit BoxApt Num>,

UnitCity>, IL <Unit Zip>

Tenant Unit Number: 13-089-O<Unit Label>-O1 Bedroom Size: <Bedrooms of Unit>

The premises leased are for the exclusive use and occupancy of the Tenant and theTenant’s household consisting of the following named persons who will live in the dwelling unit (all members of the household age 18 and over shall execute the lease):

Name — Relationship / Date of Birth / Social Security Number
<First Name> <Last Name> - Head / <Date Of Birth> / <Social

Any additions to the household members listed above require the advance written approval of the Landlord. This includes Live-in Aides and foster children or adults, but excludes natural births. The Landlord shall approve the additions if they pass the screening and an appropriate size unit is available. Deletions from the household shall be reported to the Landlord within ten (10) days.

If theTenant is incapable of complying with this Lease, the Landlord should contact the following person:
______
Printed NameAddressPhone Number

2)LEASE TERM: This Lease shall begin on <Rent Start Date>. The initial term shall be Twelve (12) months,unless modified or terminated in accordance with this Lease. The Lease is automatically renewable for successive terms of Twelve (12) months except for noncompliance with the community service requirements or participation in an economic self-sufficiency program for applicable households.

3)RENTAL PAYMENT: Tenant shall pay monthly rent of $_____.

 This rent is based on the Landlord-determined flat rent for this unit.

This rent is based on the income and other information reported by the Tenant.

Families may change rent calculation methods at any recertification. Families who have chosen the flat rent option may request a reexamination and change to the formula-based method at any time if the family’s income has decreased, their on-going expenses for such purposes as child care and medical care have changed or any other circumstances that create a hardship for the family that would be alleviated by a change.

This amount is due on the first day of each month at The Housing Authority of the County of DeKalb office and shall remain in effect until adjusted in accordance with the provisions of this lease. If a reasonable accommodation on where to pay rent is needed, other arrangements can be made. Payments of rent and other charges must be paid by personal check, money order or certified check. CASH PAYMENTS ARE NOT ACCEPTABLE.

IfTenant fails to make the rent payment by the 7th day of the month, a Landlord’s Fourteen Day Notice will be issued to theTenant. A late charge will be assessed for late rent or other charges paid after the seventh calendar day of the month. A check returned for non-sufficient funds shall be considered non-payment of rent and in addition to the late charge a returned check fee will be charged.

If a family is paying the minimum rent and its circumstances change creating an inability to pay the rent, the family may request suspension of the minimum rent because of a recognized hardship.

In the event legal proceedings are required to recover possession of the premises, theTenant will be charged with the actual cost of such proceedings.

4)SECURITY DEPOSIT: TheTenant agrees to pay the amount of $ 200.00to the Landlord as a Security Deposit.

With the approval of the Landlord, the security deposit may be made in payments. At least $50.00 must be paid prior to occupancy and a minimum of $25.00 per month can be paid in monthly payments until paid in full.

Within 30 days after theTenant has permanently moved out of the dwelling unit, the Landlord shall return the Security Deposit after deducting whatever amount is needed to pay the cost of:

  1. unpaid rent;
  2. repair of damages that exceed normal wear and tear as listed on the Move-Out Inspection Report; and
  3. other charges due under the Lease.

The Landlord shall provide the Tenant with a written list of any charges made against the Security Deposit. If the Tenant disagrees with the amounts deducted, the Landlord will meet with theTenant to discuss the charges.

5)OCCUPANCY: TheTenant shall use the premises as a private dwelling for himself or herself and the persons named in of this Lease, with the exception of minor children born into the household during this tenancy, and shall not permit its use for any other purpose without the written permission of the Landlord. The Tenant shall not provide accommodations for boarders or lodgers.

The Tenant shall be obligated:

  1. Not to permit any persons other than those listed above and minor children which are born into the household during this tenancy, to reside in the dwelling unit for more than fourteen (14) days in a twelve month period without obtaining the prior written approval of the Landlord;
  2. Not to sublet or assign the unit, or any part of the unit;
  3. To abide by necessary and reasonable regulations promulgated by the Landlord for the benefit and well-being of the development and the tenants;
  4. To comply with all obligations imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
  5. To refrain from and to cause the household and guests or other persons under the Tenant’s control to refrain from destroying, defacing, damaging or removing any part of the dwelling unit or development;
  6. Not to engage in or permit unlawful activities in the unit, in the common areas, or on the property grounds;
  7. To act or cause household members or guests to act in a manner which will not disturb the other Tenantspeaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition;
  8. To assure that the tenant, any member of the household, a guest, or another person under the tenant’s control, shall not engage in:

(1)Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Housing Authority of the County of DeKalb’s public housing premises by other residents, employees or agents of the Housing Authority of the County of DeKalb, or

(2)Any violent or drug-related criminal activity on or off such premises.

Any criminal activity in violation of the preceding sentence shall be cause for termination of tenancy, and for the eviction from the unit.

The term “drug-related criminal activity” means the1) illegal 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 Substances Act (21 U.S.C. 802)).,2) Violations of the Drug Paraphernalia Control Act 720 ILCS 600/1 et. seq., Illinois Controlled Substance Act 720 ILCS 570/100 et.seq., or the Illinois Cannabis Control Act 720 ILCS 550/1 et.seq.

  1. To agree that all personal property placed in the dwelling unit or any other place adjacent thereto, shall be at the Tenant’s sole risk, and the Housing Authority shall not be liable to the Tenant or Tenant’s family, employees, invitee’s or licensees for any damage, loss, theft or destruction thereof. The Tenant is responsible for obtaining insurance on Tenant-owned furnishings and personal property if desired;
  2. Not engage in any actions that cause any fire on Housing Authority property intentionally, through negligence recklessness or careless disregard;
  3. To refrain from and cause any member of the household, guests and other person under the tenant’s control to refrain from 1) engaging in any activity, including any physical and/or verbal assaults that threaten the health, safety or right to peaceful enjoyment of the premises by other tenants, Housing Authority employees or agents or persons residing in the vicinity of the premises;
  4. 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 Tenants;
  5. With the written permission of the Landlord, the Tenant can incidentally use the premises for legally permissible income producing purposes so long as the business does not infringe on the rights of other Tenants. All such related uses of the premises must meet all zoning requirements and the Tenant must have the proper business license;
  6. The Tenant has the right to exclusive use and occupancy of the dwelling unit, which includes reasonable accommodation of the Tenants guests, visitors and, with the consent of the Landlord, foster children and/or adults and live-in care giver of the Tenants family.

6)CONDITION OF DWELLING:

Move-inInspection: The Landlord and Tenant or representative shall inspect the dwelling unit within 30 days of occupancy by Tenant. The Landlord will give Tenant a written statement of the condition of the dwelling unit, both inside and outside, and note any equipment provided with the unit. The statement retained in the Tenant’s file. Any deficiencies noted on the inspection report will be corrected by the Landlord, at no charge to Tenant.

Other Inspections: The Landlord will inspect the unit at least annually to check needed maintenance, Tenant housekeeping, and other lease compliance matters. Tenant will receive a written statement of the charges, if any, for repairs or removal of non-approved alterations to the unit.

Move Out Inspections: The Landlord will inspect the unit at the time the Tenantvacates the unitand give Tenant a written statement of the charges, if any for whichTenant is responsible. Tenant and/or representative may join in such inspection, unless Tenant vacates without notice to the Landlord.

7)UTILITIES: The Landlord shall provide the following utilities as a part of this lease agreement but shall not be liable for the failure to provide service if beyond its control: (If indicated by an (X) below, Landlord provides the indicated utility as a part of the rent for the premises):

( ) Electricity ( ) Natural Gas ( ) Heat ( ) Water

The Tenant agrees to maintain and pay for the following utilities:

( ) Electricity ( ) Gas for Heat ( ) Water and Sewer ( ) Cable

If indicated by an (X) above, Landlord shall provide Tenant with a Utility Allowance. The Utility Allowance Schedule for Tenant Paid Utilities and the Schedule of Excess Utility Charges are posted in the Landlord’s office. The Tenant shall pay any excess utilities consumed in their unit over and above that set forth in the Schedule. Utility allowance revisions based on rate changes shall be effective retroactively to the first day of the month following the month in which the last rate change took place. Revisions based on changes in consumption or other reasons shall become effective at each family’s next annual reexamination.

8)RENT RECERTIFICATIONS:

Each year, by the date specified by the Landlord, Tenantswho are paying rent based on their income shall provide updated information regarding income, assets, expenses, family composition and other information as required by this lease (e.g. automobile and pet information). The Landlord shall verify the information supplied by the Tenantand use the verified information to establish the amount of the Tenantsrent. The established rent shall remain in effect for the next year unless adjusted by the Housing Authority in accordance with the terms and conditions of this lease. The amount of the Total Tenant Payment and Tenant Rent shall be determined by the Housing Authority in compliance with HUD regulations and requirements and in accordance with the Housing Authority’s Admissions and Continued Occupancy Policy (ACOP) [24 CFR 966.4 (c)]. At the time of the annual review, the landlord shall advise the Tenant of any income that will be excluded from consideration. Increased earnings due to employment shall be excluded during the twelve month period following the initial increase for “Qualified Families” as defined by HUD’s Earned Income Disallowance (EID) [24 CFR 960.255].

9)INTERIM RENT ADJUSTMENTS: Tenants MUST report within 10 business days to the Landlord any of the following changes in household circumstances when they occur between Annual Rent Recertification’s:

  1. A member has been added to the family through birth, adoption or court-awarded custody;
  2. A household member turns 18 years of age;
  3. A household member is leaving or has left the family unit.

Tenants paying income based rent MUST report within 10 business days to the Landlord any of the following changes in household circumstances when they occur between annual Rent Recertification’s:

  1. All increases in income of any household member.

In addition, Tenants paying income based rent MAY report the following activities that occur between annual Rent Recertification’s:

  1. Decrease in annual income;
  2. Childcare expenses for children under the age of 13 that are necessary to enable a member of the household to be employed or go to school;
  3. Handicapped assistance expenses, which enable a family member to work;
  4. Medical expenses of elderly, disabled, or disabled heads of households that are not covered by insurance; or
  5. Other family changes that impact their adjusted income.

The Housing Authority will conduct an interim reexam if warranted, a rent adjustment in each of the following instances:

  1. A family’s gross income increases $100.00 or more per month;
  2. For families receiving the Earned Income Disallowance (EID), the PHA will conduct an interim reexamination at the start, to adjust the exclusion with any changes in income, and at the conclusion of the second 12 month exclusion period (50 percent phase in period);
  3. If the family has reported zero income, the PHA will conduct an interim reexamination every 3 months as long as the family continues to report that they have no income;
  4. If at the time of the annual reexamination, it is not feasible to anticipate a level of income for the next 12 months (e.g. seasonal or cyclic income), the PHA will schedule an interim reexamination to coincide with the end of the period for which it is feasible to project income;
  5. If at the time of the annual reexamination, tenant-provided documents were used on a provisional basis due to the lack of third-party verification, and third-party verification becomes available, the PHA will conduct an interim reexamination;
  6. The PHA may conduct an interim reexamination at any time in order to correct an error in a previous reexamination, or to investigate a tenant fraud complaint.

Notwithstanding the provisions listed above, a Tenant’s rent shall not be reduced if the decrease in the family’s annual income is caused by a reduction in the welfare or public assistance benefits received by the family that is a result of the Tenant’s failure to comply with the conditions of the assistance program requiring participation in an economic self-sufficiency program or other work activities. In addition, if the decrease in the family’s annual income is caused by a reduction in welfare or public assistance benefits received by the family that is the result of an act of fraud, such decrease in income shall not result in a rent reduction. In such cases, the amount of income to be attributed to the family shall include what the family would have received had they complied with the welfare requirements or had not committed an act of fraud.
For purposes of rent adjustments, the reduction of welfare or public assistance benefits to a family that occurs as a result of the expiration of a time limit for the receipt of assistance will not be considered a failure to comply with program requirements. Accordingly, a Tenant’s rent will be reduced as a result of such a decrease.
The Landlord shall verify the information provided by the Tenant to determine if a decrease in the rent is warranted.

10)EFFECTIVE DATE OF RENT CHANGE: The Landlord shall give the Tenant written notice of any change in the Tenant’srent. The notice shall be signed by the Landlord, state the new amount the Tenant is required to pay, and the effective date of the new rental amount.

  1. Rent Decreases: The Landlord shall process rent decreases so that the lowered rent amount becomes effective on the first day of the month after the Tenant reports the change in household circumstances. This rent change may be made retroactive to the appropriate date if less thanfive (5) working days have been given to the Landlord to process this change.
  2. Rent Increases: The Landlord shall, process rent increases, so that the Tenant is given no less than 30 days advance written notice of the amount due.

Once the rental rate is established, it shall remain in effect until the effective date of the next annual review, unless another interim review and change is warranted or the Tenant elects to change to or from flat rent calculation method.