Regulations for Vhda Elderly Properties

REGULATIONS FOR VHDA ELDERLY PROPERTIES

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RULES AND REGULATIONS APPENDIX

Tenant Name
Tenant Name
Tenant Name
Address:

This appendix to the Rules and Regulations made and entered into this day of , 20, by and betweenOwner and Tenant, hereby amends, modifies and is incorporated by reference into the Rules and Regulations by and between Owner and Tenant as follows:

Tenant desires and has received permission from Management to keep a pet named ______and described as Dog Cat Bird FishRodent Turtle.

License # ______(if applicable)

General description: ______(color/weight/gender)

Tenant has fulfilled the registration requirements of:

Certificate of inoculation in accordance with state and local law
Information, including a photo, sufficient to identity the pet and to demonstrate that it is a common household pet, and
Provided name, address and phone numbers of at least one responsible party who will care for the pet if owner dies or is unable to provide care.

Tenant must execute the Pet Addendum which will be attached to their VHDA Lease Agreement. Tenant has received and read the Pet Policy which is incorporated herein.

Tenants wishing to keep a common household pet in their apartment must adhere to the following management requirements:

Maintain a pet from only one of the following categories:

Dogs – Maximum Number One, weight not to exceed 25 pounds

No Pit Bulls or Rottweilers

Spayed or Neutered

Current distemper and rabies shots

Current local license

Cats – Maximum Number One

Spayed or Neutered

Current distemper and rabies shots

Front paws must be declawed

Birds – Maximum Number Two (i.e. Love Birds, Finches, etc.)

Maximum Size – Parakeet Size (no parrots, myna birds, etc.)

Bird shall not be let out of cage

Fish – Maximum Aquarium Size – 10 Gallons

Maximum Number – 10 (No meat-eating species)

Aquarium shall be placed in a safe location in the unit.

Rodents (including rabbits) – Maximum Number One
Turtles – Maximum Number One

Only common household pets will be allowed. No reptiles except turtles, monkeys or other exotic or undomesticated animals of any type are allowed.

Interview Process

The tenant who wishes to have a pet (except for fish) must first in writing make a request to the manager to acquire a pet and supply the three registration items listed above. A current photo of the pet must be included with the request. Management will retain this photo if the pet is approved. Management will then schedule an appointment with the tenant to bring the pet for an “interview” and for them to provide the following information:

Name, address and phone number of veterinarian.
Veterinarian’s certification that the pet is in good health and is spayed or neutered in the appropriate cases. For cats, certification that front paws have been declawed.

The “interview” is to verify the pet complies with the selection criteria, appears to be in good health, well cared for, well behaved and under the control of its owner. Overly aggressive, overly active or unfriendly animals will not be accepted. The tenant will be provided with a written ruling as to the pet’s acceptability after the interview. If the pet is rejected, the tenant will be told in writing of the reason for the rejection.

Financial Obligations

A one-time Pet Deposit in the amount of $200.00 for a dog or cat will be assessed. Management will allow for gradual accumulation of the $200 deposit with an initial deposit in the amount of $50.00 when the pet is brought into the unit and subsequent monthly payments of $10 per month until the full deposit is paid. This pet deposit is totally separate from the unit security deposit paid at the time of Occupancy. The deposit is fully refundable after the unit has been vacated if there are not pet damages. The Pet Deposit may not be used to pay other non-compliance fines detailed further in this policy. In addition, tenants shall be liable for all damages resulting from any injury to the person or property of others as stated in this agreement.

Dogs, Cats, Rabbits, etc.

The pet must be kept in the tenant’s apartment. Dogs, cats and rodents, including rabbits must be on a leash at all times when on the grounds of the complex. Tenant must remain with pet at all times, no outside chaining or tethering is permitted. At no time will a pet ever be allowed to roam free. In addition, allowing an unleashed pet on any of the exterior grounds will result in a lease violation warning notice.

Waste Disposal

All animal waste or litter from litter boxes, cages, etc. is to be picked up and put in a SEALED PLASTIC BAG and placed in the trash bin or garbage chute. Litter must be emptied at least twice weekly and cleaned daily. If smell is developing because of improper care, one (1) verbal reprimand followed by one (1) written reprimand will be allowed. A third notice of the problem can result in the tenant being required to remove the pet from the complex. Litter from litter boxes is not to be disposed of down the toilet. Charges for unclogging the toilet or cleaning up in the common grounds because of a tenant’s pet will be billed back to the tenant at the cost of $5.00 for each occurrence. The tenant agrees to use a “pooper scooper” or other appropriate item to clean up behind their pet if it should ever “mess” on the exterior common grounds.

Regulations

The tenant agrees to keep their pet under control at all times so that the pet does not jump on other tenants or guests on the property and that they are not bothered or unduly frightened by excessive barking or other aggressive behavior. Pets that disturb the peace and quiet of the neighbors through noise (barking, whining, etc.), smell, animal waste, biting, scratching or other nuisance must be removed from the premises.

Pets left unattended for inappropriate periods of time will be considered an emergency and reported to the SPCA or to the appropriate authority for removal from the premises at the tenant’s expense. The tenant agrees to provide adequate care, nutrition, exercise and medical care for their pet including current shots as required or necessary. Pets that appear to be poorly cared for will be reported to the SPCA or other appropriate authority for removal at the tenant’s expense. Proof of rabies and distemper shots for dogs and cats will be required annually.

Management reserves the right to inspect the tenant’s unit (after proper notice) to verify unit condition. Tenant, by signing this addendum, agrees that should he or she become a pet owner, Management will be allowed access to the unit occupied by Tenant to investigate complaints by neighbors relating to the possession of the pet.

Pets will be totally removed from their units for the full amount of specified time for exterminating services or defleaing. This requirement must be complied with in the fullest.

The tenant also acknowledges that other tenants may have chemical sensitivities or allergies or are easily frightened by such animals. The tenant, therefore, agrees to exercise common sense and common courtesy in respect of each others tenants’ rights to peaceful and quiet enjoyment of the premises. Pet owners are required to comply with all ordinances and Health Department regulations governing pets.

Pet owners are absolutely liable under the law for any harm caused to others or to the property of others by their pets. Management assumes no responsibility for harm caused by pets belonging to tenants. Because of this liability, ALL PET OWNERS ARE ENCOURAGED TO OBTAIN LIABILITY INSURANCE TO COVER DAMAGE AND INJURIES CAUSED BY THE PETS TO THE PERSONS AND PROPERTY OF OTHERS.

Please remember that as lovable and gentle as a pet may be to its owner, the pet may be threatening and/or a nuisance to others. Complying with the above guidelines and observing simple courtesies will prevent problems. Failure to comply with this policy will be deemed material non-compliance of the Lease and will be grounds for eviction.

Tenants who wish to lodge a complaint of a violation of these pet ownership guidelines must do so in a written statement to the Management. If justified, the first complaint will result in a written warning to the pet owner. The second such complaint will result in a final warning. The third complaint will result in removal of the pet from the apartment or termination of the lease in thirty (30) days.

In the event of default by Tenant of any of the terms of this agreement, Tenant agrees, upon proper written notice of default from Owner, to cure the default, remove the Pet or vacate the premises.

Tenant agrees Owner may revoke permission to keep said Pet on the premises by giving Tenant proper written notice. Failure to comply on the part of the tenant will be deemed material non-compliance of the Lease and will be grounds for eviction. Tenant acknowledges that three (3) violations of the policies will be considered “Material Non-Compliance” of this Pet Lease Appendix and is considered grounds for removal of the pet from the apartment or termination of the lease in thirty (30) days.

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Tenant Date

______

Tenant Date

______

Tenant Date

Management Agent: ______Date: ______

HUD prohibits discrimination in all its programs and activities on the basis of race, color, religion, creed, national origin, sex, disability, familial status, marital status, sexual orientation, gender identity, and where applicable, elderliness, age, parental status, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write to HUD Office of Fair Housing and Equal Opportunity, 451 7th Street, SW, Room 5204, Washington, D.C. 20410-2000, or call 800-669-9777 (voice) or 800-927-9275 (TTY).

TM Associates Management, Inc. 0316

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ADDENDUM TO LEASE AGREEMENT

(ELDERLY PROJECTS)

This Addendum to Lease Agreement made and entered into this _____day of ______, 20____, by and between ______, Owner and ______, Resident, hereby amends, modifies and is incorporated by reference into that certain Lease Agreement (the “Lease”) by and between Owner and Resident dated ______as follows:

1.Paragraph 12.o. of the Lease is hereby deleted.

2. Paragraph 33 is hereby added to read as follows:

33 Pet Rules

Subject to (i) the applicable provisions of 24 C.F.R. Part 243 (promulgated pursuant to Section 227 of the Housing and Urban Rural Recovery Act of 1983 (12 U.S.C. 1701 n-1)) and (ii) all of those certain house pet rules (“Pet Rules”)(duly promulgated and adopted in accordance with 24 C.F.R. Part 243) applicable to all of the Apartments on the Premises, including the Apartments being leased hereunder to the Resident, the Resident shall be permitted to keep a common household pet (as that term is defined in the Pet Rules) in the Apartment.

The Pet Rules are incorporated herein by reference and a copy attached hereto for informational purposes. (Additional copies are available from the Owner upon request.)

Resident agrees that the Pet Rules attached hereto and any reasonable additions to or modifications of the attached Pet Rules subsequently adopted by Owner which are reasonably related to furthering a legitimate interest of the Owner without imposing unnecessary burdens and restrictions on residents of the Premises who are pet owners or prospective pet owners and of which Resident receives at least thirty (30) days written notice prior to enforcement thereof, shall be a part of this Lease. Resident further agrees that Resident and any other person in the Apartment or on the Premises with the consent of Resident (whether known by Resident or not) shall fully abide by such Pet Rules and additions and modifications thereto.

Resident agrees that in addition to other inspections permitted under this Lease, Owner may, after reasonable notice to Resident and during reasonable hours, enter and inspect the premises if Owner has received a signed written complaint alleging (or Owner has reasonable grounds to believe) that the conduct or conditions of a pet in the Apartment constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the other apartments on the Premises or other persons in the community where the Premises are located.

Resident agrees that if all of the following three conditions have been met:

(i)the pet has become vicious, or is displaying symptoms of severe illness, or is demonstrating other behavior that constitutes an immediate threat to the health or safety of the occupants of the other apartments on the premises;

(ii)Owner has requested the Resident to remove the pet from the Premises immediately and either (1) Resident has refused or failed to do so, or (2) Owner is unable to contact Resident; and

(iii)there is no State or local authority (or designated agent of such authority authorized under applicable State or local law) to remove a pet under the circumstances described in subparagraph (i) above;

then in such a case Owner may enter the Apartment, if necessary, and remove a pet from the Apartment or the Premises and take such action with respect to the pet as may be permissible under State of local law, which may include placing the pet in a facility which will provide care and shelter for the pet for a period not to exceed thirty (30) days. The cost of such animal care facility shall be the responsibility of the Resident or as otherwise provided by the Pet Rules.

Resident agrees that if both of the following conditions have been met:

(i)the health or safety of the pet is threatened by the death or incapacity of the Resident or by other factors that render the Resident unable to care for the pet; and

(ii)Owner has made reasonable efforts to contact the responsible party or parties listed in the pet registration for such pet required by the Pet Rules and either the Owner has been unable to contact such party or parties, or such party or parties are unwilling or unable to care for the pet;

then in such a case the Owner may contact the appropriate State or local authority (or designated agent of such authority) and request the removal of a pet from the Apartment and the Premises or, if there is no State of local authority (or designated agent of such authority) Owner may enter the Apartment, if necessary, and remove a pet from the Apartment or the Premises and take such action with respect to the pet as may be permissible under State or local law, which may include placing the pet in a facility which will provide care and shelter for the pet for a period not to exceed thirty (30) days. The cost of such animal care facility shall be the responsibility of the Resident or as otherwise provided by the Pet Rules.

It is understood and agreed by Owner and Resident that a violation of the Pet Rules may be grounds for removal of the pet of termination of Resident’s tenancy (or both) in accordance with this Lease, the Pet Rules, 24 C.F.R. Part 243, other applicable regulations and applicable State of local law.”

Witness: RESIDENT:

______

(Signature)(Signature) (Date)

______

(Signature) (Date)

MANAGEMENT AGENT FOR OWNER:

______

(Signature) (Date)

TM Associates Management, Inc. 0316