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Complaint [ Writ of Summons Petition
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_:: a.l.ti S ;a � Carol rev,a
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Updated 1/1/2011
LAW OFFICE OF STEPHEN W. GROSH
BY: Stephen W. Grosh, Esquire
I.D. No. 92040
53 NORTH DUKE STREET, SUITE 402
LANCASTER, PA 17602
(717) 435 -8830
(717) 435 -8846 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
BOILING SPRINGS ASSOCIATES,
Plaintiff,
NO.
V.
CANDIDA ARENA,
Defendant.
COMPLAINT
1. The amount in controversy is less than $50,000.00 and must be submitted for mandatory arbitration_
2. Plaintiff, Boiling Springs Associates, is a Pennsylvania business association with a business address of
297 Plaza Drive, Boiling Springs, PA 17007.
3. Defendant, Candida Arena, is an adult individual with an address of 120 Meals Drive, Carlisle,
Pennsylvania 17015.
4. On or about February 26, 2010, Plaintiff (as Landlord) and Defendant (as Tenant) entered into a
subsidized lease agreement for the premises located at 297 Plaza Drive, Boiling Springs, PA 17007, Unit
#223. A true a correct copy of the lease agreement is attached hereto as Exhibit "A" and incorporated
herein as if set forth in full.
5. In addition to the lease agreement and as a condition of tenancy, Defendant further signed a
document entitled "House Rules ", as an attachment /addendum to the lease agreement described
above. A true and correct copy of the House Rules is attached hereto as Exhibit "B" and incorporated
herein as if set forth in full.
6. In or about April 2012, Defendant was notified that she had underreported her household income and
as a result, it was determined that she owed $10,468.00 to Plaintiff.
7. On or about May 24, 2013, the parties entered into a "Repayment Agreement" in which Defendant
agreed to repay the $10,468.00 to Plaintiff. A true and correct copy of the Repayment Agreement is
attached hereto as Exhibit "C" and incorporated herein as if set forth in full.
8. Defendant was further issued a "Lease Violation Notice ", thereby notifying her that Plaintiff had
considered the unreported income to be a result of a "mistake or misunderstanding" but any further
occurrence would be considered fraud.
9. In or about August 2013, while Plaintiff was processing Defendant's annual recertification, it was
discovered again that Defendant was not properly reporting her income.
10. Plaintiff determined that Defendant owed an additional amount of $2,325.00.
11. On or about October 31, 2013, Defendant was notified that her lease was being terminated as of
November 30, 2013. A true and correct copy of the Notice to Quit, dated October 25, 2013, is attached
hereto as Exhibit "D" and incorporated as if set forth in full.
12. Defendant subsequently vacated the premises and moved to 120 Meals Drive, Carlisle, PA 17015.
13. On or about December 17, 2013, Plaintiff sent Defendant a certified letter explaining that she had
thirty (30) days to pay off the balance due owed Plaintiff, in the amount of $11,407.00, and of her
opportunity to appeal any of the charges listed therein. A true and correct copy of the December 17,
2013 letter is attached hereto as Exhibit "E" and incorporated as if set forth in full.
14. Defendant has failed to pay the amount owed Plaintiff.
WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant in the amount of
$11,407,00., plus interest, costs, attorney's fees and any other relief deemed appropriate by the Court.
Respectfully submitted,
LAW OFFICES OF STEPHEN W. GROSH
DATE: 3� I7 BY:
Step W. Grosh, Esquire
Attorney for Plaintiffs
Attorney I.D. 92040
53 North Duke Street, Suite 402
Lancaster, PA 17602
Phone (717) 435 -8830
Fax (717) 435 -8846
VERIFICATION
1,THAUA CROY, verify that the statements made in the CIVIL ACTION COMPLAINT are true. and
correct to the best of my knowledge Information and belief.. The undersigned understands that false
statements herein are made subject to the penalties of the 18 PACSA, §4904 relating to unsworn falsification
to authorities.
[SATE.
THALIA CRO
i
OMB 1 pproval No, 2502 -004
(Exp.0513112011)
MODEL LEASE FOR SUBSIDIZED PROGRAMS
1. Parties and The parties to this Agreement are Boili
Dwelling Springs Associates referred to as the
Unit: Landlord, and �� Ltil�� c� A rc
referred to as the Tenant. The Lan'd1ord leases
to the Tenant(S) unit number _ V' S located
at 297 Plaza. Drive, Boiling Springs, PA 17007
i,n the project :known as Roi Sp xi.ng A
2. Length of Time The initial term of this Agreement shall begin
(Term) : on 0 and end on . 'rj - '•S; - /1 After
the initial term ends, the Agreeme t will
continue for successive terms of one month each unl.esd
automatically terminated as permitted by paragraph .23 this
Agreement
3 �
3. Rent: The Tenant agrees to pay $ or the
partial month ending on Q . Afte,
that, Tenant agrees to pay a rent f $ 31.1, per
month. This amount is due on the first day of the month at
Office located at 297 Plaza. Drive, T3oiling Spr ing. s, PA 17007.
The Tenant understands that this monthly rent, is lessltlian the
market (unsubsidized) rent due on this unit. This lo�rer rent is
available either because the mortgage on this project lis subsidized .
by the Department of Housing and Urban Development (HUD) and /or
because I-IUD makes monthly payments to the Landlord on behalf of the
Tenant. The amount, if any, that HUD makes available monthly on
behalf of the Tenant is called the tenant assistance payment and is
shown on the ".Assistance Payment" 3 ine of the Owner's
Certification of Compliance with HUD's Tenant Eligibility and Rent.
Procedures form which is Attachment No. 1 to this Agreement.
4. Changes in the The Tenant: agrees that the amount: it rent the
Tenant's Sh are Tenant .p and /or the amount of assistance than
of the Rent: HUD pays on behalf of the Tenant m4.y be changed
during the term of this Agreement if-
a. HUD or the Contract Administrator (such as a Public .Hous
Agency) determines, in accordance with HUD proced.uire that an
increase in rents is :needed;
b. 'HUD or the Contract Administrator changes any allowance for
utilities or services considered in computing the�Tena-nt's
share of the rent;
C. the income, the number of persons in the 'tenant' s I household or
other factors considered in calculating the Tenant's rent
change and HUD procedures provide that the Tenants rent-or
assistance payment t; the adjusted to reflect cha
Page k of 15 Form NUID- 90
1212007
�� A"
0 0 AB /Approval No. 2502 -0204
0 (Exp. 0513112011)
d. changes in the Tenant's rent or assistance payment are
required by :HUD's recertification or subsidy termination
procedures
e. IUD's procedures for computing the Tenant's as istance payment
or rent change; or
f. the Tenant .fails to provide information on his her. income,
family composition or other factors as require by the
Landlord.
changes in the 'T int' rent The Landlord agrees to implement c ge en s t or
tenant assistance payment only in accordance with the time frames
and administrative procedures set forth in HUD's .handbooks,
instructions and regulations related to administration of
multifamily subsidy programs. The Landlord agrees to give the
Tenant at least 30 days advance written notice of any increase in
the Tenant's rent except as noted in paragraphs 11., 15 or 1.7. The
Notice will state the new amount the Tenant is requ`red to pay, the
date the new-amount is effective, and the reasons f. r the change in
.rent. The Notice will also advise the Tenant that �ie /she may meet
with the Landlord to discuss the rent change.
5. Charges for Late If the Tenant does not pay the f ll amount of
Payments and the rent shown in paragraph 3 by�the end of
Returned. Checks: the 5th day of the month, the Landlord may
Collect -a fee of $5 on the 6th dey of the
month. Thereafter, the Landlord nay collect $1
for each additional day the rent remains
unpaid during the month it is du .
The Landlord may not terminate this Agreement
for failure to pay late charges, but may
terminate this Agreement for non payment of rent,
as explained in paragraph'23. T e Landlord may
collect a fee of $ 20.00 on the second or any
additional time a check. is not h for
payment (bounces) . The charges discussed in this
paragraph are in addition to the regular monthly
rent payable by the Tenant.
6. Condition of By signing this Agreement, the Tenant
Dwelling acknowledges that the unit is safe, clean and
Unit in good condition. The Tenant a�rees that all
Appliances and equipment in the ixnit are in
good working order, except as de6cribed on the
Unit Ins,pection.'Report which is }ttachme.nt
No. 2 to this Agreement.. The Tenant also
agrees that the Landlord has made no promises to
decorate, alter, repair or impro�re the unit.,
except as listed on the Unit Inspection ;Report.
7. Charges for The following charts describe how the cost of
Utilities and utilities and services related to occupancy
Services: of the unit will be paid. The Tenant agree=
Page 2 of 15 Form 1-1UD- 901.05a
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0 I MB Approval No. 2502 -0204
(Exp.051311261l)
that these charts accurately des ribe the
utilities and services paid by the Landlord and
those paid by the Tenant.
a. The Tenant must pay for the utilities in colum (1). Payments
should.be made directly to the appropriate utility company.
The items in. column (2) are included in 4he Te rent.
(1) (
Put "x° by any Type of Put "r." by any
utility Tenant Utility tftility Included.
pays directly n Tenant Rent
X Heat
x Li.ght Electric
x Cooking
water x
Other (Specify.
Sewer. Y,
Trash X
b. The Tenant agrees to pay the Landlord the amount shown in
column (3) on the date the rent is due. The L nd.lord certifies
that HUD had authorized him /her to collect the type of charges
shown in.column (3) and that the amounts shown in column (3) do
not exceed the amounts authorized by HUD.
(3)
Show $ Amount Teiant
Pays to Landlord in
Addition to Rent
Parking $ N/A
Other (Specify.)
$ N/A
$ N/A
B. Security Deposits: The Tenant has deposited $ 4.5/ with the
Landlord. The Landlord will old this
security deposit for the peri d the Tenant
occupies the unit. After the Tenant has moved .
from the unit, the Landlord w ll determine
whether the Tenant is eligible for a refund of
any or all of the security de osit. The amount
of the refund will be determi ed in accordance
with the following conditions land procedures.
a. The Tenant will. be eligible for a refund of th� security
Deposit only if the Tenant provided the Landlo d with the 30-
day written notice of intent to move required by paragraph 23,
unless 'the Tenant was unable to give the noti.c for reasons
beyond his/her control..
L�
E 1 _ j o
Page 3 of 15 Form HUD- 90105a
12/2007
■
r� OMB Approval No. 2502 -0204
0
� 1 (Exp.05t3i1209i)
b. After the 'Tenant has moved from the unit, the L ndlord will
inspect the unit. and complete another Unit Insp ction Report.
The Landlord will permit the 'Tenant to parti.cip�te in the
inspection, if the Tenant so requests.
c. The Landlord will refund to the Tenant the amou t of the
security deposit plus interest computed at vari�us %, beginning
effective date of .lease ,less any amount needed. to pay the cost
of
(1) unpaid rent;
(2) damages that are not due to normal wear and tear and are
not listed on the Unit Inspection Report;
(3) charges for late payment of rent and returned checks, as
described in.paragraph 5; .and
(4) charges for unreturned keys, as described i n paragraph 9.
d. The Landlord agrees to refund the amount compu.ed in paragraph.
8c within 30 days after the Tenant has permanently moved
out of the unit, returned possession of the unit to the
Landlord, and given his /her new address to the Landlord. The
Landlord will also give the Tenant a written list of charges
that were subtracted from the deposit. If the Tenant
disagrees with the Landlord concerning the amolants deducted
and asks to meet with the Landlord, the Landlord agrees to
meet with the Tenant and informally discuss the disputed
charges.
e. If the unit is rented by more than one person, the Tenants
agree that they will. work out the details of ividing any
refund among themselves. The Landlord may pa the refund to
any Tenant identified in. Paragraph 1 of this Agreement.
f. The Tenant understands that the Landlord will. not count the
Security Deposit towards the last month's rent or towards
repair charges owed by the Tenant in accordant with
paragraph Il.
9. Keys and Locks: The Tenant agrees not to i.nstlal.l additional
or different locks or gates any doors or
windows of the unit without the written
permission of the Landlord. If the Landlord
approves the Tenant',s request to install such
locks, the Tenant agrees to Irovide the
Landlord with a key for each lock- when this
Agreement ends, the Tenant agrees to return
all keys to the dwelling unid to the
Landlord. The Landlord may charge the Tenant
$ 10.00 for each key not returned.
r
7 - J
Page 4 of 15 Form HUD- 90105a
12/2007
MB Approval (E AM 2
(t=xp. fl5�3111U11)
!! 4
Maintenance:; I
a. The Landlord agrees to:
(1) regularly clean all common areas of the project;
(2) maintain the common areas and facilities �in a, safe
condition;
(3) arrange for collection and, removal of tr .sh and garbage;
(4) maintain all equipment and appliances in safe and working
order;
(5) make necessary repairs with reasonable promptness;
(5) maintain exterior lighting in good working carder.
(7) provide extermination services, as necessary, and
(8) maintain grounds and shrubs.
b.. The Tenant agrees to:
( 1) keep the unit. clean;
(2) use all appliances, fixtures and equipment in a safe
manner and only for the purposes for whi h they are
intended;
(3) not li..tter the grounds or common areas o� the project
(4) not destroy, deface, damage or remove an' part of the
unit, common areas, or project grounds;
(5) give the Landlord prompt notice of any defects in the
plumbing, fixtures, appliances, heating e nd cooling
equipment or any other dart of.:he unit (3r. related.
facilities; and
(5.) remove garbage and other waste from the do t in a. clean
and. safe manner.
11. Damages: t11henever damage is caused by carelessness,
mz.suse, or neglect on the part of the Tenant,
his /her family or visitors, the Tenant
agrees to pay:
a. the cost of all repairs and do so vrithin 30 days after
receipt of the Landlord's demand.for the re air charges; and
b. rent for the period the unit is damaged Whether or not. the
unit. Is habitable. The Tenant understands that HUD will not
make assistance payments for any period in hich the unit is
not habitable. For any such period, the Te.n�ant agrees to
pay the RUD- approved market rent rather tha ( the Tenant rent
€rs
.1
x7�j 40
Page pf'iS Form RUD- 90,105a '
12Coa-,
JJ
0 oMB Approval No. 2502 -0204
(Exp. 0M112011)
shown in paragraph 3 of this agreement.
12. Restrictions on No alteration, addition, or i provements shall
Alterations: be made in or to the premises without the
prior consent of the Landlord in. writing. The
Landlord agrees to provide re sonable
accommodation to an otherwi.se.eligi'ble tenant's
disability, including making changes to rules,
policies, or procedures, and making and paying
for structural alterations to a unit or common
area.s. The Landlord is not required to provide
accommodations that constitute a fundamental
alteration to the Landlord's Erogram or which
would pose a substantial financial and,
administrative hardship. See Ithe regulations
at 24 CFR Part S. In addition, if a requested
structural. modification does �ose a substantial
financial and administrative hardship, the
Landlord must then allow the tenant to make and
pay for the modification in adcordance with the
Fair Housing Act.
13. General. The Tenant must live in the u and the
Restrictions: unit must be the Tenant's onl}; place of
residence. The Tenant shall ise the
premises only as a private dwLlin.g for
himself /herself and the individuals listed on.
the Owner's Certification of Compliance with
HUD's Tenant 'Eligibility and 'Rent Procedures,
Attachment 1. The Tenant agrees to permit
other individuals to reside ih the unit only
after obtaining the prior wriilten approval, of
the Landlord. The Tenant agrees not to:
a. sublet or assign the unit, or any part of th unit;
b. use the unit for unlawful purposes;
c. engage in. or permit unlawful activities in the unit, in the
common. areas or on the project grounds; I
d. have pets or animals of any kind in the unit without the
prior
written permission of'the Landlord, but the landlord will
allow the tenant to keep an animal needed as a reasonable
accommodation to the tenant's disability, and will allow
animals to accompany visitors with disabili.t�ies who need such
animals as an accommodation to their disabilities; or
e. make or permit noises or acts that will dist the rights or
comfort of neighbors. The Tenant agrees to }seep the volume
of any radio, phonograph., television or musi al instrument at
a level. which will not disturb the neighborst
14. Rules: The Tenant agrees to obey the House. Rules which are
Pige G of 15 1 HUD- 90105a �-
12/2007
OLB Approval No. 2502 -02 04
0 (Exp. 05f341?dt t)
Attachment No. 3 to this Agreement. Th tenant agrees
to obey additional rules established aft r the effective
date of this Agreement if:
a. the rules are reasonably related to the safer , care and
cleanliness of the building and the safety, c mfort and
convenience of the Tenants; and
b_ the Tenant receives written notice of the proposed rule at
least 30 days before the rule is enforced.. 1
15. Regularly Scheduled Every year around the first ay of Mai °
Recertifications: the Landlord will request th
Tenant to report the income and composition
of the Tenant's household an to supply any
other information required b• HUD for the
purposes of determining the renant's rent
and assistance payment, .if a iy. The Tenant
agrees to provide accurate s•atements of
this information and to dos by the date
specified in the Landlord's t. The
landlord will verify the izif z
supplied by the Tenant and u e the verified
information to recompute the amount of the
Tenant's rent and assistance payment, if
any.
a. If the Tenant does not submit the required reLertifi.cation
information by the date specified in the Landiord's request,
the Landlord may impose the following penalties. The
.Landlord may i.mplemebt these penalties only ii accordance
with the administrative procedures and time fames specified
in HUD's regulations, handbooks and instrueti ns related to
the administration of multifamily subsidy programs.
(1) Require the Tenant to pay the higher, .RUD- approved
market rent. for the unit.
(2) Implement any increase in rent resulting from the
recertification processing without provi ling the 30 -day
notice otherwise required by paragraph 4.�of. this
Agreement.
b. The Tenant may request to meet with tine Landlord to discuss
any change in rent or assistance payment_ resulting from the
recertification processing. If the Tenant_ re uests such a
meeting, the Landlord agrees to meet with tree Tenant and
discuss hour the Tenant's rent and assistance ayment, if any,
were computed. i
16. Reporting changes Between Regularly Scheduled
Recerti.fi.cations :
a. If any of the following changes occur, the T.nant agrees
to advise the. Landlord immediately.
(1) Any household member moves out of the Atnit.
I
l v ,l
Page 7 of 15 Fo rm IJUD- 901 "
31212007
MB Approval No. 2502 -0204
0 0 1
(Exp.fl5P,T120TT)
(2) An adult member of the household who las reported
as unemployed on the most recent certification or
recertification obtains employment.
(3) The household's income cumulatively ipereases by
$200 or more a month.
b. The Tenant may report any decrease in incom or any
change in other factors considered in calcu.ating the
Tenant rent. Unless the Landlord has con irma.tion
that the decrease in income or change in other factors
will last less than one month, the Landlord Iwill verify
the information and make the appropriate rent reduction.
However, if the Tenant's income will be par.Lially or
fully restored within two months, the Landlhrd may delay
the certification process until the new income is known,
but the rent reduction will be retroactive and the
Landlord may not evict the Tenant for nonpayment of rent
due during the period of the reported decrease and the
completion of the certification process. The Tenant has
thirty days after receiving written notice �f any rent
due the above described time period to pay or the
Landlord can evict for nonpayment of rent. ((Revised
3/2.2/89)
C. If the Tenant does not advise the Landlord bf these
interim changes, the .Landlord may increase �he Tenant's
rent to the HUD- approved market rent. The Landlord may
do so only in accordance with the time framas and
administrative procedures set forth in HUA'G
regulations, handbooks and instructions on
administration of multifamily subsidy progrI
m s.
d. The Tenant may request to meet with the Landlord to
discuss how any change in income or other factors
affected his/her rent or assistance payment[ if any.
If the Tenant requests such a meeting, the Landlord
agrees to meet with the.Tenant and explain .how the
Tenant's rent or assistance payment, if any was
computed.
1.7. Removal of Subsidy:
a. The Tenant understands that assistance made available
on his /her behalf may be terminated if events in either
items 1 or 2 below occur. Termination of ahsistance
means that the Landlord may make the assistance
available to another Tenant and the Tenant' rent will
be recomputed. In addition, if the Tenant' aIassistance
is terminated because of criterion (1) below, the
Tenant will be required to pay the HUD- appr6ed market
rent for the unit. ,
M The Tenant does not provide the Landlord with
the information or reports required by
paragraph 15 or 16 within 10 calendar dlys
Page 8 of 1.5 roan BUD- 90105a
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0 0 OLB Approval No. 2502 -0204
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I
after receipt of the Landlord's notice df
intent to terminate the Tenant's assistance
payment.
(2)The amount the Tenant would be required to pay
towards rent and utilities under HUD rules and
regulations equals the Family Gross Rent shown on
Attachment 1.
b. The Landlord agrees to give the Tenant written notice
of the proposed termination. The notice will advise
the Tenant that, during the ten calendar days following
the date of the notice, he /she may request t6 meet with
the Landlord to discuss the proposed termination of
assistance. If the Tenant requests a d ion of the
proposed. termination, the Landlord agrees to meet with
the Tenant.
C. Termination of assistance shall not affect tie Tenant's
other rights under this .Agreement, including the right
to occupy the unit. Assistance may subseque tly be
reinstated if :the Tenant submits the income or other
data required by HUD procedures, the Landlord
determines the Tenant is eligible for - assistance, and
assistance is available.
19. Tenant If the tenant submits false informs Jon on
obligation any application, certification or request
To Repay: for interim adjustment or does not report
interim changes in family income or,lother
factors as required by paragraph 16 of this
Agreement, and as a result, is charged a rent less
than the amount required by HUD's r nt formulas,
the Tenant agrees to reimburse the �andlord for the
difference between the rent he /ahe should have paid
and the rent he /she was charged. Tke Tenant is
not required to reimburse the Landlord for
undercharges caused solely by the Landlord's
failure to follow HUD's procedures For computing
rent or assistance payments.
1.9. Size of The Tenant understands that HUD requires the
Dwelling Landlord to assign units in accorda with the
Landlord's written occupancy standards. These
standards include consideration of nit size,
relationship of family members, age and seq. of
.family members and family preferenc!. If the
Tenant is or becomes eligible for a different size
unit, and the required size unit be omes available,
the Tenant agrees 'to:
a. move within 30 days after the Landlord notifies him /her
that unit of the required size is available within the
project; or
b. remain in the same unit and pay the HUD- app market
rent.
Page 9 or 15 Fonn HUD- 90105a ZL f�
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C MB Approval No. 2502 -0204
0 (Exp. 05.!3112011)
.
20. Access by Landlord:
a. The Landlord agrees to enter the unit only during reasonable
hours, to provide reasonable advance notice of his /her
intent to enter the unit, and to enter the only after
receiving the Tenant's consent to do so, exInit
ept when urgency
situations make such notices impossible or except under
paragraph. (c) below. I
b. The Tenant consents in advance to the follo�l,ing entries into
the unit:
(i) The tenant agrees to . permit the Landl.o d, his /her
agents or other persons, when authorized by the
Landlord, to enter the unit for the purpose of making
reasonable repairs and periodic inspecitions.
(ii) After the Tenant has given a notice o intent to move,
the Tenant agrees to permit the Landl rd to show the
unit to prospective tenants during re hours.
c. if the Tenant moves 'before this Agreement ends, the Landlord
may enter the unit to decorate, remodel, alter or otherwise
prepare the unit for re- occupancy.
21. Discrimination The Landlord agrees not to 6i scriminate
Prohibited: based upon race,, color, rel gi.on., creed,
National origin, .sex, age, familial status,
and-disability.
22. Change in Rental. The Landlord may, with the prior approval of
Agreement: HUD, change the terms and conditions of this
Agreement. Any changes will become
effective only at the end of the initial
term or a successive term. (The Landlord must
notify the Tenant of any change and must
offer the Tenant a new Agreement or an
amendment to the existing Agreement.
`!'heTenant must receive the Aotice at least
60 days before the proposed effective date
of the change. The Tenant may accept the
changed terms and condition by signing the
new Agreement or the amendment to the
existing Agreement and retu ning it to the
Landlord. The Tenant may reject the changed
terms and conditions by giving the
Landlord written notice that he /she intends
to terminate the tenancy. "he Tenant must
give such notice at least 30 days before the
proposed change will go int� effect. If the
Tenant does not accept the amended
agreement, the Landlord may Irequire the
Tenant to move from the project, as provided.
in paragraph 23.
7
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Page 10 of 15 'Form .1- iUD- 90105a --7��J
1212007
d OB Approval No. 2502.0204
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23. Termination of
Tenancy:
a. To terminate this Agreement, the Tenant mustlgive the
.landlord 30-days written notice before moving from.the unit.
b. Any termination of this Agreement by the LanLord must be
carried out in accordance with BUD regulatiois, State and
local law, and the terms of this Agreement.
c. The Landlord may terminate this Agreement fo3 the following
reasons:
1. the Tenant's material noncompliance wi h the terms of
this Agreement;
2. the Tenant's material failure to carry but obligations
under any State Landlord
and Tenant Act;
3. drug .related criminal activity engaged in on or near
the premises, by any tenant, household member, or
guest, and any such activity engaged inlon the
premises by any other person under the tenant's
control;
4. determination made by the Landlord that a household
member is illegally using a drug;
5. determination made by the Landlord thatia pattern of
illegal: use of a drug interferes with the health,
safety, or right to peaceful enjoyment bf the
premises by other residents;
6. criminal activity by a tenant, any member of the
tenant's household., a guest or another �erson under the
tenant's control:
(a) that threatens the health, safety� or right to
peaceful. enjoyment of the premises by other.
residents (in.cluding property management staff
residing on the premises); or I
(b) that threatens the health, safety, or right to
peaceful enjoyment of their residLnces by persons
residing in the immediate vicinity of the
premises;
7. if the tenant is fleeing to avoid prose6ution, or
custody or confinement after convictions for a crime,
or attempt to commit a crime, that is a`felony under
the laws of the place from which the.inai.vidual flees,
or that in the case of the State of New Jersey, is a
high misdemeanor; l i
Page 1 i of .15 Dorm HUD 90105a
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(Exp. 05131!1011)
8. if the tenant is viola:ting a condition bf probation or
parole under Federal or State law;
9. determination.made by the Landlord thatia household
member's abuse or pattern of abuse of atcohol threatens
the .health, safety, ox right to peacefu. enjoyment of
the premises by other residents;
10. if the Landlord determines that the tenant, any member
of the tenant's household, a guest or t other person
under the tenant's control has engaged the criminal
activity, regardless of whether the tenant, any member
of the tenant's household, a guest or abot person
under the tenant's control has been arr4sted or
convicted for such activity.
d. The Landlord may terminate this Agreement for other good,
cause, which includes, but is not limited to,� the tenant's
refusal. to accept change to this agreement. terminations for
"other good cause" may only be effective as of the end of any
initial or successive term. f
The term material noncompliance with the lease in (1)
one or more substantial violations of the lease; J (2) repeated
minor violations of the lease that (a) disrupt thh livability of
the project; (b) adversely affect the health or safety of any
person. or the right of any tenant to the quiet en�oyment to the
Leased premises and related project facilities, (C) interfere
with the management of the project, or (d) have an adverse
financial effect on the project (3) failure of the tenant to
timely supply all required information on the income and
composition, or eligibility factors, of the tenant household
(including, but not limited to, failure to meet the disclosure
and verification requirements for Social. Security or
failure to sign and submit consent forms for the lbtaininq of
wage and claim information from State Wage Information Collection
Agencies), and (4) !don- payment of rent or any ot�er financial
obligation due under the lease beyond any grace p�riod permitted
under State law. The payment of rent or any othek financial
obligation due under the lease after the due date but within the
grace period permitted under. State law constitute a minor
violation.
e. If the Landlord proposes to terminate this;Agreement, the
Landlord agrees to give the Tenant written notice and the
grounds for the proposed termination. If the Landlord is
terminating this agreement for "other good cause," the
termination notice m ust be mailed to the !tenant and ha nd-
delivered to the dwelling unit in the manlier required by
HUD at least _30 days be ore the date the `-Ienant will be
reaui.red to move from the unfi and in accordance wilt
$tat! law requirements. Notices of propoded termination
for other reasons must be given in accordance with any
time frames set forth in State and local law. Any HUD -
required notice period may run concurrently with any
notice period required by State or local, l.�aw. All
termination notices must:
}z.
+ specify the date this Agreement will be ter.iki.nated; � )
Page 12 of 15 Form JAUD- 90105a
8MB Approval No. 2502 -0204
^ (Exp.05f37f2Q1i)
• state the grounds for termination with eno�gh detail for
the Tenant to prepare a defense;
• advise the Tenant that he /she has 10 days %Aithin which to
discuss the proposed termination of tenancy with the
Landlord.. The 10 -day period will begin on the earlier of
the date the notice was hand - delivered to the unit or the
day after the date the notice is mailed. f the Tenant
requests the meeting, the Landlord agrees o discuss the
proposed termination with the Tenant, and
• advise the Tenant of his /her right to defend the action in
court. I
f. if an eviction is initiated, the Landlord agrees to rely
only upon these grounds cited in the termiAati.on notice
required by paragraph e. 1
24. hazards: The 'Tenant shall not undertake, or permit his /her
family or guests to undertake, any hazardous acts
or do anything that will increase th� project's
insurance premiums. Such action constitutes a
material non - compliance. If the unit is damaged by
fire, wind, or rain to the extent that the unit
cannot be lived in and the damage is not caused or
made worse by the Tenant, the Tenant will be
responsible for rent only up to the ate of the
destruction. Additional rent will n4 accrue until
the unit has been repaired to a livable condition.
25. Penalties for Knowingly giving the Landlord false
submitting False information regarding income or other
Information: factors considered in deterAiining
Tenant's eligibility and rest is a
material noncompliance with`the lease
subject to termination of tenancy. In
addition, the Tenant could ecome subject to
penalties available under F decal law.
Those penalties include fins up to $10,000
and imprisonment for up to five years.
26. Contents of this This Agreement and its Attachments make
Agreement: up the entire agreement bet�een the
Landlord and the Tenant regarding the unit.
If any Court declares a particular provision
of this Agreement to be invalid or illegal,
all other terms of this Agreement will
remain in effect and both tke Landlord and.
the Tenant will continue tol.be bound by
them.
27. Attachments to The Tenant certifies that he/she has
the Agreement: received a copy of this Agree and. the
following Attachments to this Agreement
and understands that these At achments are
part of this Agreement.
Page 13 of 15 Form HUD 90
12/2007��
` � � O B Approval No. 2502 -0204
(Exp. 05131/2011)
a. Attachment No. I -- Owner's Certification of Compliance with HUD's
Tenant Eligibility and Rent procedures,, form HUD -�o059
b. Attachment No. 2 - Unit Inspection Report,
c. Attachment No. 3 - house Rules (if any),.
d. Attachment No_ 4 - • Rural Development 515 Certific tion
Addendum.
28; Tenants` rights to organize! Landlord. agrees to allow, tenant
and tenant organizers to conduct on the property the activities
related to the establishment or operation of a t pant
organization set out in accordance with HUD requirements.
29, Tenant Income verification: The Tenant must prom tly provide the
landlord "with any letter or other notice by 'HUD o a member of
the family that provides information concerning he amount or
verification of family income in accordance with HUD
requirements.
30. The lease agreement will terminate ' automatically if the Section
8 Housing Assistance contract terminates for any reason.
31. signatures:
TENANT
Date signed
'• I I
Date Signed
Date signed
LANDLORD
B
Date Signed. -
Public reporting burden - HUD is not ,requesting approval of any burden
hours for the 'model leases since use of .leaser are a sC ndard business
practice in the housing rental industry. This infoi~mat(�on is required
to obtain benefits. The request and required supporting documentation
are sent to HUD or the Contract Administrator (CA) for approval. The
lease is a contract between the owner of the project an6 the tenant(s)
that explains the terms for. residing in the unit. Leases are a
standard business practice in the housing rental industry. Owners are
required to use the HUD model lease which. includes term normally
covered by leases used in the housing rental industry plus terms
required by HM for the program under which the project was built
and /or the program providing rental. assistance to the tinants.
Page 14 of 15 1 form HUD-90105i
12/2007
C �18. Approval No. 250Zd12.04
rt ; (Exp.05511701,1)
This .information is authorized by 24 CFR 5.360, 236,756 880.606,
683.7511_ 884.215, 886.127, 891.425, 831.625 and 691.765 cover lease
requirements and provisions. This information is consi eyed non -
sensitive and. clues not require any special protection.
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P'ITgC 15 of 15 Fonn HUD-90105a
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ArrACHMENT 3
BO�1NG SFRTNGS APAR NTS HOUSE RULES.
Tenant agrees to obey all rules and regulations for the leased premises. The terra Tenant, when referred to in
these rules, applies to Tenant household and Tenant's guest(s). If Tenant or Tenant`s guest(s) violates any rules
or regulations for the leased premises, Tenant violates the lease;
MAINTENANCEICLEANING /INSPECTIONS
I. In order to retard and /or prevent mold and mildew, Tenant has a responsibility to. provide appropriate climate
control, keep the unit clean, and take any other measures necessary such as promptly removing visible moisture
accumulation, Including moisture on walls, windows, windowsills, floors, ceilings, closets, storage areas, and
bathroom fixtures. Spills should be mopped up and the area thoroughly dried as soon as possible. Tenant
agrees not to block or cover any of the heating, ventilation or air conditioning ducts in the unit. Tenant also
agrees to immediately report to the management office: (1) any evidence of a water leak or excessive moisture In
the unit and /or storage area; (2) any evidence of mold or mildew -like growth that cannot be removed by applying
a common household cleaner and wiping the area clean; (3) any failure or malfunction in the heating, ventilation
or air conditioning ,system in the unit, and (4) any inoperable doors or windows. It is important to use the exhaust
fans in the kitchen and 'bathroom. Tenant agrees to cooperate with all requirements made by GN Management
Inc. staff or persons authorized concerning the use of equipment, such as dehumidifiers, to eliminate or maintain
a mold /mildew free environment. You may be held responsible for property damages and any health problems
that,could result if you fail to follow these rules.
2. All maintenance requests for the unit or common area must be reported to the Community Manager. Manager
will notify Maintenance Technician or cleaning personnel to schedule correction of the problem. If problem exists
in Tenant's unlit, Tenant will be noted verbally or in writing when the problem has been corrected, or the
approximate schedule for completion based on receiving parts, scheduling a sub - contractor, or other delay in the
repair. Additional special instructions will be provided for emergency maintenance issues.
3, All apartments are equipped with smoke detection devices. Tenant shall not disable the smoke detectors or other
fire warning devices. Tenant shall notify.Manager if smoke detector or fire warning device is not In working order.
4,. Tenant agrees that failure to permit the landlord,, his/her agents or other persons, when authorized by the
Landlord, to enter the unit, for purposes of making reasonable repairs, periodic inspections, Including required
annual inspections, providing services for the Health and Safety of residents, such as extermination of premises
and performing duties in connection with the general upkeep of the apartment, will be in violation of the lease.
Tenants will receive advance notice of inspections, extermination services, and any planned work that Landlord
initiates to do in the apartment. Needed repairs reported by tenants will not require additional consent to Tenter
unit during normal business hours. No further notification will be given to schedule time for repairs.
5. No electrical or carpentry work i to be performed inside or outside the unit. No outside contractor should perform
any work without the prior written approval of the Landlord. No electrical, telephone or television cables or wires
may be run along the baseboard of the exterior or interior woodwork or walls.
6. It is the Tenant's responsibility to keep the outside of his /her door and entrance to their unit clean and free of
items that would pose a safety risk when entering or exiting the unit or building.
7. Upon termination of the lease aigreement, Tenant shall surrender the unit to Landlord in compliance with the
following conditions:
a) No damage to the unit, beyond normal wear and tear, is acceptable. Lack of cleaning Is not
considered normal wear and ,tear. Damages noted on move in inspection that wer not repaired during
tenancy, will not be charged to tenant at move out, however all damages must be noted to avoid those
charges.
b) The entire unit, including all appliances bathroom(s), closets and cabinets must be clean. The
refrigerator must be defrosted and the carpet must be shampooed_ Evidence of carpet cleaning, such
as.receipt for payment, of machine rental or professional service provider roust be presented and carpet
must be clean to avoid charges at move out.
112611 Page l of 10 Initial C PF
ATt'ACHMENT 3
BOYLING SPREGS ARA-Rh NO'S HOM-03 RULES
c) No stickers, scratches, or holes larger than a picture nail should appear in the walls.
d) No stains, 'indentations, scratches or bum. marks should be on the countertops, cabinetry, flooring
material or appliances.
,, .' 'he same type of light bulbs that were present at move in or as updated during tenancy should be
present at move out and In working order, including appliances and outside porch lights, if applicable.
f) Ali keys provided at move In must be returned to the rental office at move out.
g) All trash must be properly discarded.
h) By State law,, a forwarding address must be left at the rental office if there is Security Deposit to be
refunded.
i) At the termination of the lease agreement, Tenant must remove all personal property from their unit not
belonging to the Landlord. Any property not removed will be considered abandoned and the Landlord
will dispose or donate the items in accordance with State law. Donation or disposal will take place 14
days from the date owner takes :possession of the unit.
5 Tenant must keep the unit, common area patios /porches, entrance walks and other portions to which he /she has
sole access in an uncluttered and sanitary condition. Clothing, rugs and other articles shall not be placed at any
window -of the unit or hung,, dried or cleaned anywhere outside !the unit, unless clotheslines have been .provided
for that purpose. Notting should be placed outside or upon any windowsill or thrown or dropped from any
window. Refrigerators that are not frost -free should be defrosted 'on a regular basis. All floor coverings are to be
clean and free of stains and damage. Cleaning of carpet during tenancy and at move. out Is at the Tenant's
expense.
9, 'Extermination services are provided to the property on an established schedule for the contractor. If, additional
services- are required, tenant must notify the office immediately. Tenant will be ,required to ;pay for additional
services if there Is evidence that the household has created, the infestation problem, such as, but not limited to, I
creating an unsanitary atmosphere 'by leaving food to spoil creating bug infestations and damage to appliances,
not properly storing food items, not washing dishes In a timely manner, not properly disposing of food; not taking
bagged trash directly from the unit to the property disposal site, etc.
10. Literature 'lias been provided to all residents regarding basic prevention techniques and identification of a growing
national problem of bedbugs. Bedbugs are not a hygiene - related pest and do not originate as a result of poor
housekeeping or lack of cleanliness -- they can emerge anywhere. Residents should check for bedbugs on
luggage and clothing. when returning home from a trip and look for signs of bugs or signs of Infestation. on
secondhand items before bringing items onto the property and into the unit. Residents should reduce clutter
where bedbugs can hide; remove bedbugs through cleaning and use pesticides carefully and according to label
directions. Residents should not be embarrassed or ashamed if they suspect a possible problem in their unit and
should notify. management immediately.
PARKING 'LOT S
11. There are no parking assignments. Tenant will be permitted to park only two (2) vehicles in the parking lot. All
vehicles must have current registration and Inspection. No boats, trailers, campers, ATVs, snowmobiles or
abandoned vehicles will be permitted on the premises. Tenants are not permitted to wash their vehicle(s) or do
automobile repair on the premises.
12. Tenant agrees to park vehicles in areas designated for that purpose. Tenant is not permitted to park in front of
garbage receptacles, on the lawn or any other area that would cause damage to the property or affect another
Tenant in any way. Vehicles belonging to guests should be parked in areas not normally occupied by other
Tenant vehicles, If space permits.
13. Those persons Parking in spaces designated for Disabled persons must display proper permit(,).
14. Landlord or local law may enforce the parking rules as noted :elsewhere in these House Rules by towing the
vehicle and /or fining the vehicle owner.
15 Tenant is responsible for damage to the parking lot caused by fluids leaking from his /her vehicle.
12:2011 Page 2 of 10 lniba)
T A'ITACH'M NT3
BOILING SPRINGS RULE
16. If posted, speed limit signs must be obeyed when driving through the parking lot.
COMMON AREASlSTORAGE
17 All personal items (including bicycles, toys, etc.) are to be stored in storage areas provided and not in the
apartment or common area hallways, doorways, sidewalks, property grounds or parking lots. No toys, including
bicycles, should be left outside after 8 :00 PM. Tenants violating these rules will have their items removed..
Tenants may request return of the item within 14 days. Failure to claim personal property will result in disposal by
owner's representatives.
18. No loitering or playing will be permitted in the hallways. No loitering after hours on property grounds in
accordance with local ordinances.
19. All walks, entryways, property grounds, and parking lots should be used only as access to and from the unit.
These areas must be kept clear of bicycles, toys, waste receptacles and other items at all times.
20. No alcoholic beverages are permitted in the common areas or grounds of the property. Smoking is not permitted
in the common areas of the building. Smoking is permitted outside the building, however all cigarette butts must
be put. In ashtrays and not discarded on the walkways and grounds. No littering or trash disposal of any kind is
permitted In areas other than those designated specifically for that purpose.
21`. No barbeque grills are permitted other than those provided by the landlord.
22. Tenants are not permitted to feed stray animals that come on to the property or entice an animal to come on to
thhe property; Any sighting of a stray animal should be reported to the Community Manager immediately.
7AT-Appropriate attire is required in the common areas of the building and on the property grounds. Appropriate attire
should be interpreted to mean clothes and footwear that would be worn in any public setting, such as a restaurant
or store. Sunbathing is not permitted on the property groundsl
24. Tenants, with permission from Community Manager, may plant :flowers in front of their apartments, where the
layout of the property is conducive to this, or in areas on the property designated for that purpose. Landlord
retains the right to request plants to be removed should they become unsightly, interfere with the property
landscaping and/or negatively affect the overall appearance of the property. Vegetable plants are not permitted to
be grown.on the property unless a garden area has been designated for that purpose.
25. The roof and any mechanical areas of the building are for the use of GN Management, Inc. staff and authorized
persons.only. Tenants are forbidden to enter these areas.
26. Tenants are permitted to conduct incidental businesses in their .unit. Businesses such as computer work,
limited babysitting, and similar types of operations are considered incidental. Persons conducting an incidental
business from their unit must report such business to the manager and complete a self - employment or
employment verification. Babysitting in the unit must be restricted to no more than 2 additional children per
household. All visitors related.to.the business should park in the designated visitor parking areas, if applicable. if
no specified visitor parking is posted, no more than 2 vehicles related to the business should be in the lot at any
one time. Foot and /or vehicle traffic should not create an undue burden to property staff or create a nuisance
situation for other residents. Hours of operation should be scheduled so as not to disturb the rights and comfort of
neighbors. No signs or advertising matter related to the business should be placed In the windows or on any
portion of the building structure.
GUEST EOLICIES
27. Limits on yisffaflon: -` No. guest may stay overnight at the site more than 14 rights In a 45-day period or mere than
7 a_nights consecutively. To stay .longer: tenant must have written permission from management or the quest
112011 Paige 3 of 1.0 Initial
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ATTAC14MENT 3
BOILING SPRINGS APARNIENTS HOUSE RULES
must aoniy and qualify for residency at the, site. If a guest who applies for residency meets the site's eligibility and
tenant selection criteria, the household must recertify with the guest as a new member of the household. The
guest will then be considered a member of the household and the rent will be adjusted in accordance with agency
regulations.
b Permission for extended stays: Tenants must inform management In writing of the name, address, and
proposed length of stay of ail guests who stay overnight at the site more than 14 nights in a 45-day period,
including more than 7 consecutive nights. Tenant must receive final written permission from management. The
number of guests should be limited so as not to create a condition of overcrowding in the unit.
c Tenants .responsible for guests. Tenants are responsible for the conduct of their guests. If a guest creates any
nuisance or otherwise disturbs other tenants, site personnel or site contractors, guest will be required to leave the
property immediately. Tenants are also responsible for any damages to the unit, common areas, or other site
premises caused by their guests. Management maintains the right to issue Defiant Trespass orders against a
guest who violates the property policies. Tenants are required to cooperate when requested to provide
information regarding the - identity of the guest.
d. Proof of residence. if`management suspects that a guest has Moved into the tenant's unit, management has
the right to demand at least 3 current forms containing the same address as .proof that the guest does net live at
the .site. Acceptable proof includes; leases, current utility bills,. pay stubs, bank statements, car registration,
mortgage coupon, house deeds, and photo 10. All documents must show a full address and the some address..A
P.O. Box is not an acceptable form of address for these purposes. The following documents will not be accepted;
expired drivers license, tax returns, or any other. documents that may contain out-of-date information. Should the
tenant or person in question not provide the requested information needed to confirm that the guest does not live
in the unit, or should the documents be provided but the facts be sufficient to evidence that the guest Is residing at
the property, management will enforce_a_gen_e regulations that could result in termination of subsidy and/or
termination of tenancy.
APARTMENT POLICIES
28. Energy conservation is encouraged. Excessive use or ,theft of property supplied utilities or services are not
permitted. Tenants will be provided with a listing of ways in which they can conserve energy. Tenants may make
suggestions in writing to the Community Manager on additional ways to conserve energy on the ,property. Those
suggestions will be discussed with the Owner and given consideration. Tenant must abide by all State, local or
/Landlord imposed water conservation measures.
29. The Tenant may not be absent from the unit in excess of a sixty (60) continuous day period, or for longer than 180
continuous days for medical reasons. 'Long term absences from the property or more than one (1) sixty (60)
continuous day absence in a twelve (12) month period, including but not limited to, incarceration, may be
considered abandonment of the unit and grounds for termination of the lease. Consideration will be given on a
case -by -case basis for extenuating circumstances. This unit must be Tenant's sole residence.
30. A unit will be considered abandoned in accordance with State law. In regards to personal ,property left. by the
Tenant, a letter will be sent certified snail to the last known address, listing the Items and their condition. All
perishables and anything that could present a Health and Safety issue for the Owner's property or other Tenants,
such as food items, will be destroyed immediately. The Tenant may claim all other items within 14 days by
scheduling a time with the Community Manager to retrieve all items. After 14 days, the Items will be destroyed or
donated to charity, in accordance with State law.
31. Should the Tenant not be able to occupy the unit because of fire or other disaster, abandoned property or
personal possessions of the Tenant will be handled or disposed of in accordance with State law.
32. Tenant household is encouraged to obtain Renter's Insurance for their personal property, personal injuries of
others as a result of negligence on Tenant's part, and /or property damages that may occur in which the Tenant
household members or guests are negligent. Tenant understands that neither the property Owner nor GN
1.2.2011 Page 4 of 10 initial x.11
ATTACHMENT 3
BOILING SPRINGS APARMENTS HOUSE RULES
Management, lnc. is responsible for damage to Tenant's personal property or damage to the property caused by
negligence of the household members or their guests. If Tenant does not have insurance and the 'property's
insurance must pay a claim in which a.merriber of the resident household or guest was negligent, the lease gives
us the right to require repayment of any expenses incurred, such as the policy deductible, which is currently
$50tl0.00.
33, .After one (1) lockout occurs during nonworking hours a thirty-five dollar ($35.00) charge will be billed. to the
Tenant with payment due in thirty (30) days.from date of invoice. In the case of lockout or lost key, we will require
the Tenant or co- tenant to pick up a new key and a signature will be required. Under no circumstances will GN
Management, Inc. personnel allow any person into the apartment that is not on the lease and no minors will be
allowed into the apartment without parental permission.
34. Children 10 years of age or under _must be supervised at all times, including outside supervision. This rule
includes using playground equipment.
35. No waterbeds are permitted without the prior written permission of GN Management, Inc. Main Office,
36. No pets (either to live or visit) are permitted on the premises. these animals include, but are not limited to; cats,
dogs„ hamsters, gerbils, .mice, snakes, ferrets, rabbits, guinea pigs and any animal which could be considered to
be a farm animal, Animals that are used to assist the handicapped are not considered pets; however, notification
must be made to the Community Manager if such an animal is expected to be on the property, if the need for the
animal is not obvious, documentation may be requested as proof that the anim is indeed .a serv or support
animal.
37. All radio, television and other electronic or electrical, equipment installed or used in the unit shall fully comply with
riles, regulations and requirements of the public authorities having jurisdiction. The Tenant shall be liable for any
damage or injury caused by any radio, television or other electric or electrical equipment owned by Tenant or as a
result of Tenant's negligence.
38. if blinds are provided In the unit, Tenant agrees not to change any of the blinds and further agrees and
acknowledges that the blinds are the property'of the Landlord. Damaged or missing blinds will be replaced and
Tenant will be charged.
39, If blinds are not provided, Tenant is required to have curtains or blinds at all windows within 30 days of move in.
40. Tenant may not change the locks or install additional locks, chains or ot fasteners or al arms.
41. Tenants with firearms must declare legal ownership and register the make, model and serial number with the
Community Manager. A gun lock must be on at all times while on the premises. All firearms, including but not.
limited to, BB guns and paintball guns, must be keptin a locked case while transporting in the common; areas and
grounds of the property.
42. Health and safety rules require windows and doors to be free of any items that would cause undue delay :in
vacating the unit in the event of fire or other, impending danger..
43. In order to insure a ;safe. and clean. environment excessive clutter or, hoarding will not be tolerated. Such an
environment. creates' an ,unsafe environment for the resident, emergency personnel, contractors, and property
staff and could be a breeding ground for bed bugs or other infestations.
a) Open doors and. walkways.. must be clear of all iteiris that might im e mergency pe rsonnei and their
equipment Access in the unit
b) Items may not be `stored in walkways inthe ��il'that might interfere with egress during emergencies
c) Excessive storage is not pe".1tted in the unit. These items must be kept in a separate stora area o r facility
d) All electrical panels should be accessible artd :have proper clearance
12.2t}t J: Page 5 of 10 Initial3R
ATTACHWNT 3
BOILING. SPRINGS APARMENTS HOUSE RULES
44..A household who wishes to transfer and whose unit meets the property's occupancy standards and who does not
require the unit transfer as a reasonable accommodation /medical need must have been a resident In ;good
standing for least 24 months. A resident in good standing must meet the following criteria:
a) No current outstanding balances owed for 60 days or more with the exception of an established payment plan
with all payments as agreed
b) No confirmed complaints against the resident 'household for disturbing the peace and quiet comfort of other
neighbors and/or their guests
c) Last unit inspection resulted in no findings of damage or undue wear and tear and no findings of unsafe or
unsanitary conditions
d) __No major lease violations within the fast 24 months
Ia , No more than two (2) minor lease violations within the last 24 months
GENERAL POLICIES
45. The Office is located at 297 'Plaza Drive, Boiling Springs„ PA 17007, and is open to tenants and applicants on
Monday, Wednesday and :Friday from 8,00 AM — 3;30 PM and closed for iunchl During office hours, emergencies
should be called into (717) 258 -8387. The phone number for after hour emergencies is 1 -800- 510 -6036.
Emergencies are considered to be problems such as no heat, no water, no electricity, or water overflowing. In the
event of an extreme emergency, such as a fire, the fire department should be called before placing a call to
property. maintenance.
46. Public transportation and/or community schedules are not available. Copies of community notices received by
this office will be posted in each building and laundry room.
47. 'The property has a designated quiet time from 10 PM — 8 AM._ Loud, boisterous noises and disturbances, inside
or outside the unit, including fighting and public drunkenness, will not be permitted. Disturbances and /or threats
to the health and /or safety, use of profanity, threats of violence, or comments of an ethnic or racial nature to the
on -site staff, owner's contractors or other Tenants and /or their guests are not permitted. The Tenant shall not at
any time conduct themselves in anyway which would disturb any other tenant or would interfere with the rights,
comforts, quiet enjoyment or conveniences of any other tenant. No musical or sound reproducing instruments
shall :be placed In windows or outside premises. Musical or sound reproducing instrumentss, or singing within the
unit must be inaudible from one unit to another at all times, and from outside the unit between the hours of 10:00
PM and 8 :00 AM.
48. A curfew, exists for any minor under the age of 18 to be on the sidewalks, property grounds, recreational areas, or
any location'other than their apartment and attached porch /patio, if applicable, between the hours of 10 PM and 6
AM. Exceptions are as follows:
a) Any minor accompanied by a 'parent, guardian or an adult aged 18 or over responsible for the care and
custody of the minor
b). Any minor engaged in lawful gainful employment :during the curfew hours, ; provided said 'minor carries
identification and evidence in writing to this effect
c) Any minor Involved in an emergency
d) Any minor attending an activity sponsored by a school, religious, or civic organization, iby .a public
organization or agency, or by another similar organization or entity, which activity is supervised by adults,
and /or the minor is going to or returning from such an activity without detour or stop:
e) Any minor in interstate travel beginning or ending at the. property
Adult residents are responsible for minors In their' household and their minor guests.
49. During the hours of 10 i and 6 AM, residents and their guests aged 18 and over should limit socializing to their
own apartments and attached porch /patio areas if applicable.
12.2011 Page 6 of 10 Initial C
ATTACHMENT 3
BOILING SPRINGS APARMLNTS I4OUSE RULES
54. Police officers and Security Personnel, if applicable, who find a minor under the age of 18 violating the provisions
of these policies have the right to obtain Information from such minor as to his or her name and address, age and
name of his/her parent, guardian, or other person 'having custody of the minor and notify said person to physically
take custody of minor.
Police Officers and Security Personnel, if applicable, may report any curfew or other policy violations to
management for further action.
51. Tenant agrees to live in a peaceful way, respecting the rights of other residents to comfort, safety, privacy,
security, and peaceful enjoyment, and to refrain from all acts that would interfere with such rights. Resident shall
respect the rights of other residents, occupants, staff, and all persons lawfully upon the premises.
52. No tents, swimming or wading pools or similar items are permitted on the property.
53. Due to risk of fire, Insurance regulations state that lit candles are prohibited on the property.
54. Tenant is not permitted to store or use flammable substances, toxic or hazardous chemicals, or products that
would emit injurious or harmful odors. Tenant is not permitted to use heavy, noisy, dangerous, or fume- producing
equipment (with the exception of legally registered automobiles or motorcycles) on the grounds or within the
leased premises.
55. There is no soliciting permitted on the property, including Tenants soliciting other tenants, However, tenants and
tenant organizers are permitted to perform various functions on the property related to operation of a tenant
organization.
56. Tenant shall not place .signs, advertising matter, awnings, satellite dishes, electronic reception devices, or fences
on or about the property and common area, including the mailboxes and interior windows, without written
permission from GN Management Main Office staff.
57. GN Management, Inc. employees are not responsible to accept deliveries for Tenant household. If requested and
agreeable with Community Manager, Manager may accept deliveries for Tenant; however Manager is not
responsible for any damage that may arise while the package is in /Manager's possession.
a) GN Management, Inc. employees will not notify you when packages arrive. If you are expecting a package,
be sure to check with the management office.
b)_ GN Management, Inc. employees are not responsible for the security or condition of packages that are
accepted on your behalf. We will make our best efforts to handle your packages carefully and to keep them
secure until you pick them up, but we do not guarantee that they will be undamaged, unspoiled, or completely
safe from theft. We will not be liable for any theft, loss, or spoilage of or any damage to any package or
packages we accept,on your behalf.
c) We will release a package only to the named addressee. You may not pick up packages for anyone else.
When picking up a package, you must sign a document that includes your signature and date, and confirms
you have accepted the package. Photo ID may be requested at this time.
58. Landlord may begin eviction proceedings if Tenant or persons under Tenant's control have been arrested or
convicted for unlawful activity, regardless of where activity took place. Unlawful activities, such as, but not limited
to assault. burglary, theft, domestic violence, and any drug activity or sexual offense, would:resuit in Landlord
initiating eviction proceedings.
59. A Tenant or applicant must request, complete, and return a Reasonable Accommodation Request Form to the
Community Manager in order for a request to be considered. On received, the request will be placed on the
Reasonable Accommodation Log and all actions and outcomes will be noted on the log. If necessary, the need
for the accommodation will be verified by the Manager with the Tenant or applicant's physician or qualified
person. If a tenant household is being moved to a different unit as a reasonable accommodation to a household
member's disability, the owner will pay for the move unless doing so would constitute an undue financial and
administrative burden. If a member of a tenant household is a person Who does not need specific accessible
12.1011. Page 7 of 1.0 Inti.aJ
ATZACHMEN'1' 3 ,
BOILING SPRINGS GARMENTS HOUSE RULES
features, but whose disability requires that they live on a particular floor or location on the floor,.the owner will
assign the next available unit that meets the need of the tenant. This accommodation will be based on the
tenants disability- related need for the particular floor or location on the floor, and not based on the tenant's
personal preferences. Generally, the owner will provide the reasonable accommodation unless doing so would
result in a fundamental alteration to the nature of the project and its operations or cause an undue financial or
administrative burden.
60. When neither a current tenant nor a qualified applicant requires the features of an available accessible unit, the
unit will be offered to the next applicant in accordance with the Tenant Selection 'Policy. When a current tenant or
qualified applicant .needs the features of the accessible unit, the tenant occupying the accessible unit will move to
a non - accessible unit in accordance with the Occupancy Standards. The tenant will be given 30 days notice to
move in accordance with HUD regulations and all expenses related to the move will be the responsibility of the
tenant.
61. If a member or members of the tenant household who required the special features of the accessible unit no
longer reside in the unit and a non - accessible unit becomes available and meets the Occupancy Standards for
the household, the household will be ,given 30 days written notice to move to the non- accessible unit. All
expenses related to the move will be the responsibility of the tenant.
62. In order to determine continued eligibility for assistance, all adult household members under the age of 24 are
required to provide student status information for annual, initial and interim certifications. Requirement includes
reporting the change if a household member under the age of 24 enrolls as or is no longer a Part-time or Full -time
student at an institution of higher education. Adult household members under the age of 24 will be required to
meet HUD regulations in order to continue receiving monthly assistance. If any household member does not
meet the qualifications, the assistance will be terminated for the entire household.
63, Household members turning ,age 18 must report to the office. within 10 days of their, birthday to sign required
HUD- 988719887 -A consent forms. I If the tenant fails to sign the consent forms, the household is in non -
comp'liance and their lease and assistance will be - terminated.
LEGAURENTAL PAYMENTS
64. Cash will net be accepted for payment. Payments will be accepted in the form of a personal check, money order
or cashier's check. No personal checks will be accepted after two non - sufficient funds checks have. been
received,
65. No personal checks will be accepted after legal proceedings have begun. Money orders and cashier's checks will
be the only acceptable method of payment until the legal proceedings have been .resolved.
66. The prevailing , party in an action'brought for recovery of rent or -other money's due or to become due under this
lease or by reason of a breach of any covenant contained in the lease, House Rules, or lease attachments or for
the recovery of the- possession of said premises, or to compel the performance of anything agreed to be done
herein, or :to enforce or interpret any provision, or to recover damages to said property, or to enjoin any act
contrary to the provisions hereof, shall be awarded all of the costs incurred by the prevailing party in connection
therewith, including but not specifically limited to all reasonable attorney's fees.
67. In the event rent Is not paid by the due date, Tenant agrees to waive the demand for payment notice.
68. If any portion of the Tenant's rent is paid directly to the Tenant by an outside source, it is the Tenant's
responsibility to submit that portion to the rental office in order to meet the total Tenant rent obligation.
69. Repeated minor violations such as, but not limited to, disrupting the livability of the property; acts that adversely
affect the Health or Safety of any. person, or the right of any Tenant to. the peaceful enjoyment of the property;
interfering with the management of the property; or acts that have an adverse financial effect on the property, will
be grounds for eviction.
12.2011 Page 8 of 10 initial,
0
ATTACHMENT 3
BOILING SPRINGSAPARMENTS HOUSE E.ULES
70. Tenant agrees to waive the State requirement to receive the Interest on security deposit on the annual
anniversary and agrees to receive this Interest annually at calendar year end, or in the case of a move out, with
the security deposit disposition.
71. Paid security deposit monies will be deposited at Fulton Bank, 1285 Plaza Boulevard, Lancaster, PA 17604.
72. in accordance with the Lease, Tenants are responsible to pay for charges such as but not limited to, utility
charges and damages. All unpaid charges over 30 days old are considered a breach of the. Lease in the some
way as failing to pay the Rent. Owner/Agents may not file a complaint with the Magisterial District Court for non-
payment of late feet only, Tenants with a payment plan, who are making payments as agreed, in addition to
paying their current rent are considered current. If no payment plan exists, .all payments will be applied to
outstanding rent before other charges.
UTILITY/SERVICESIAPPLIANCES
73. Tenant agrees to be responsible for the payment. o IF utilities as stated In the lease. The utility company will bill
each unit individually for these services and tenant agrees to pay these charges directly to the appropriate utility
ity
company. Tenant further understands and agrees that If he/she fails to pay these charges, the utility company
may terminate services. Electric and /or gas Utilities that are the responsibility of the tenant are required to be
placed in the'n . ame of Head of Household 'or do-Head or Spouse.
74, Tenant is responsible to keep heattelectric services on in the unit at all times. Allowing the heat and/or electric
service to be shut off in the unit for any reason will be considered a violation of these rules.
75. All trash must be placed in the appropriate receptacles, using securely fastened plastic bags.. Do not put trash on
top of or beside the receptacles. All cardboard boxes must be broken down prior to discarding. No furniture Is
permitted to be placed in the trash. Trash must. be placed In dumpster by adults only. Tenant must make
arrangements with the trash hauler to remove bulk items and must notify the Community Manager of the
arrangements made. When necessary, Tenant is responsible to provide appropriate refuse tags.
76. Recycling procedures must be followed In accordance with city/township/borough regulations. Recyclables are to
be clean and hand carried to the designated recyclable container for proper disposal.
77. The Tenant shall use only the laundry facilities and any other appliances furnished by the Landlord for the
express purpose for which the equipment was intended- The Tenant shall not bring any refrigerator, freezer or
other major appliances into the unit without written permission of the Community Manager. Installation of window
air conditioners must be approved by the Community Manager prior to installation, All tenant owned appliances
must be Inspected as if the appliances are owned by the property. Tenants should inspect devices regularly to
assure that conditions do not pose a safety hazard, such as frayed or worn wires, malfunctioning switches, broken
legs or supporting structures. If this is detected, tenants must discontinue use of these devices.
78. Tenants may not use any air conditioner. or fen that has not been. approved by an independent testing laboratory
such as the Underwriters Laboratories (UL). These devices must be plugged Into appropriate outlets that carry
the required Voltage. They should not be plugged into outlets with multiple devices or into power strips, Window
air conditioners be cleaned,.In good working condition and properly installed at all times- Any damage to the
property or personal Injury to any personsarising from the use of aTenant-oWned window air conditioner Is the
sole responsibility of the Tenant. Air conditioners and fens should not be left unattended. If tenant must leave the
unit while the Item Is in use, it should be turned off and unplugged. Tenants should not leave
alone with.these devices. young children
79. The Tenant shall use the plumbing and electrical installations for their intended purpose and shall be fully
responsible for maintenance costs if abuse occurs. The Tenant shall be responsible for the cost to clear any
stoppage in waste water lines due to accidental or intentional acts.
12.2011 Page 9 of 10 Initial
ATTACHMENT 3. a,
B GKLING SPRINGS .APARMENTS HOUSE RULES
80. Tenant shall use only those systems installed. in the unit by the Landlord for heating. No additional heating
systems (such as kerosene, catalytic, and/or any other type of secondary heating system) are permitted.
81. In the event of a disaster:
a) Contact the . Federal Emergency Management Agency (FEMA) and submit an application for 'eligibility.
Residents may register with FEMA by telephone, 1- 800 - 621 - FEMA (3362), or www.fema. Residents
impacted by the disaster must make an application with FEMA, receive an application number, and obtain a
letter of eligibility from FEMA, which specifically describes the type of eligibility. To obtain temporary rental
housing, an applicant must 'present the FEMA letter, which will identify the resident as displaced and eligible
for housing assistance. The Department will rely upon FEMA eligibility determination when affording housing
assistance relief, however, residents are advised to check with the local FEMA office for ongoing guidance
b) 'Contact your insurance carrier to submit renters insurance claims for damage caused by - the disaster (if
applicable),
C) Advise th owner /agent of your temporary housing location and 'their intentions during and after the
emergencyldisaster. Information such as their new, temporary address or telephone number should be
provided.
d) Tenants should be aware that due to p Aenfially daM�ge, conditions, they may not have ready access to
their possession. Owner /agent will protect tenant's personal ; property to the greatest extent possible.
e) Ownerlagent may take action to terminate a tease and dispose of personal property in ;accordance with local
taw if a displaced tenant indicates their intention not to return or fails to respond to the owner's /agent's notice.
tj "Tenants are responsible to respond to owner /agent requests to return to the unit. If the resident does not
intend to return, to the unit, they should immediately notify the ownerlagent in writing in accordance with
residency termination, procedures.
Tenant agrees 'that Landlord may change these policies from time to time, In accordance with any required'
regulations, In order to 'protect the unit or the 'Landlord's property, or to add to the comforts and conveniences of all
Tena in the community.
Pte of Household Signature Date
Co-Head, Spouse or Other Household Member Date
Household Member 18 or Older Date
Agent for weer Date
U.2411 Page 10 of 10 Initial
GN MANAGEMENT, INC.
2316 Dairy Road, Lancaster, PA 1:7601 -2308
Telep1ione (717) 898 -2292 Fax {717) 898 -7483 S�
Repayment Agreement
Resulting from an EIV Report
(Non -202 Properties)
Property:,_BSA Apt. No. T 223
Resident: Candida Arena
Tenant agrees that Tenant owes additional rent monies totaling $10,468.00 as of
3/26/12 as a result of an EIV Income report.
Tenant understands that Paragraphs 15 and 16 of the Lease Agreement require
Tenant to report changes. Because Tenant did not report the required changes,,
Tenant is considered in noncompliance and may be subject to termination of the
Lease as noted in Paragraph 23 of the Lease Agreement.
In lord er to avoid termination, Tenant agrees to pay the current monthly rent due
:according to the Lease Agreement plus the amount as listed on the attached
schedule.
Tenant understands that the additional monies paid according to the attached
schedule will be applied to the rent balance due as indicated above while the
regular rent payments will continue to be applied to the current rent due.
Tenant understands that the terms of this payment plan will be renegotiated if there
is an increase or decrease in Tenant's household income of $200.00 or more per
month.
Tenant further understands that the Lease Agreement states that if there are
missed or late payments, without good cause that can be verified, or if Tenant fails
to agree to this plan or comply with all other terms and conditions of the Lease
Agreement and HUD guidelines, the Landlord may terminate assistance and
tenancy.
_-
Tenant Signature Date
Co- Tenant Signature Date
ommunity Manager Signature Date
7.
EQUAL HOUSING OPPORTUNITY
TTY 800 - 855 -2880 TTY Espallol 800- 855 -2884
EIV REPAYMENT AGREEMENT SCHEDULE
Property: BSA
Apt.: 223 'Tenant: Candida Arena
TOTAL AMOUNT TO BE REPAID $10,468.00
OFFSET ON May -12 HAP REPORT
Pmt. # Amt. Due Due Date Amt. Paid Date Paid HAP MONTH NOTESIMGR. INITIALS
1 $50.00 4/1112 $60.00 4/2012012 Jun -12
2 $50.00 5/1/12' $50.00 519/2012 Jul -12'
3 $50.00 611/12 $75.00 611/2012 Aug -12 Tenant OK'd Add'I $ - WD
4 $0.00 711/12 $0.00 7/912012 Sep -12
5 . $50.00 - 811112 - $50.00 8/612012 Oct -12
6 $50.00 9/1/12 $50.00, 9f7/2012 Nov -12
7 $50.00 1011112 $50.00 10/812012 Dec -12
8 $50:00 1111112 $50.00 1117/2012 Jani13
9 $50.00 1211/12 $50.00 12/5/2012 Feb-1 3.
10 $50.00 111113' $56.00 11512013 Mar -13 Tenant OK'd Add'I $ - WD
11 $50.00 2/1113 $56 .00 215/2013 Apr -13 Tenant OK'd Add? $ - WD
12 $50.00 311/13 $56.00 3/5/2013 May-1 3 Tenant OK'd Add? S - WD
13 $50.00 411113 $50.00 4/5/2013 Jun -13
14 $50.00 511/13 $50.00 5/612013 Jul -13
15 $50.00 611/13 $50.00 6/5/2013 Aug -13
16 $50.00 711/13 $50.00 7/5/2013 Sep-13
17 $50.00 8/1113 $50.00 8/6/2013 Oct -13
18 $50.00 911113 $50.00 9/512013 Nov -13
19 $50.00 1011113 S0}.00 /0 ISI A013 13
20 $50.00 11/1113
21 $50.00 12/1/13
22 $50.00 111114
23 $50.00 211114
24 $50.00 311114
25 $50.00 411114
26 $50.00 5/1114
27 $50:00 611114
28 $50.00 7/1114
-
29 $50.00 '8/1/14
30 $50.00 9/1114 --
31 $50 .00 1011114
32 $50.00 1111114
33 $50.00 1211/14
34 $50.00 111115
35 $50.00 211115
36 $50.00 3/1/15
37 $50.00 411115.
38 $50.00 511115 --
39 $50.00 611115
40 $50.00 7/1115
41 $50.00 811115
42 $50.00 911115
43 $50.00 1011115
44 $50.001 1111115
45 $50.00 1211115
46 $50.00 111116
47 $50.00 2111161
48 $50.00 3/1/16
49 '$50.00 411116
50 $50.00 511116
51 $50.00 611116
52 $50.00 711116
53 $50.00 8/1/16
54 $50.00 9/1116
55 $50.00 10/1116
56 $50.00 1111116
57 $50.00 12/1116
58 $50.00 111117
59 $50.00 2/1117
60 $50.00:1 311117
61 $50.00 411 /17
62 $50.00 611N7
63 $50.00 611117,
64 $50.00 711117
65 $50.00 8/1117
66 $50.00 911117
67 $50.00 10/1/17.
68 $50.00 1911117
69 $50.00 12/1117
70 $50.00 111118
71 $50.00 211118
72 $50.00 311118
73 $50.00 411118
74 $50.00 511118
75 $50.00 611118
76 $50.00 711118
77 $60.00 811118
T8 $50.00 911118'
79 $50.00 1011118
80 $50.00 1i /i118
81 $60.00 1211/18
82 $50.00 + 1 /i /19
83 $50.00 211/19
84 $50.00 311119
85 $60.00 411/19
86 $50.00 Stills
.87. $50.00 611119.
88 $50.00 711119
89 $50.00 811118
90 $50.00 `911119
91 $50.00 1011119
92 $60.00 1.111119
93 $50.00 1211119
94 $50:00 111/20
95 $50.00: 211120
96 $50.00 311/20
97 $50.00 411120
98 $60.00 511120'
99 $50.00 611120
100 $50.00 7/1120
101 $50.00 811/20
102 $50.00 911120
103 $50.00 10/1120
104 '$50.00 1111120
105 $50.00 1211120
106 $50.00 111121
107 $50.00 211121
108 $50.00 311121
109 $50.00 411121
110 $50.00 611121'
111 $50.00 611/21
112 $50.00 711121
1 13 $50.00 811/21
114 ,$50.00 9/1121
115 $50.00 1011121
116 $50.00 1111121,
117 $50.00 1211/21
118 $50.00 1/1122
119 $50.00 2/1122
120 $50.00 3/1122:
121 $50M 411122
122 $50.00 511122
123 $50.00 611122
124 $50.00 711/22
125 $50.00 8/1/22
126 $50.00 9/1122
127 $50.00 1011/22
128 $50.00 1111122
129 $60.00 1211122
130 .$60.00 "#/1/23
131 $50.00 2/1123
132 $50.00 311123
133 $50 .411123
134 $50.00 511123
135 $50.00 511123
136 $50.00 7/1123
137 $50.00 811123
1.38 $50.00 911123
139 $50.00 1011/23
140 $50.00 1111123
141 $50.00 12/1/23
142 $50.00 1/1/24
143 $50.00 211124
144 $50.00 3/1124
145. $50.00 411124
146 $50.00 511124
147 $50.00 611/24
148 $50.00 711124
149 $50.00 811/24
150 $60.0 911124
. ,P 17 en-
151 $50.00 10/1/24
152 $50.00 97/1124
163 $50.00 1211124
1$4 $50.00 111/25
155 $50.0 211/25
156 $60.00 311125
157 $50:00 411125
168 $56.00 .511126
159 $50.00 6/1/25
160 $50.00 7/1/25
161 $50.00 811126
162 $50.00 9/1.125
163 $50.00 1011126
1'64 $50.00 1111126
185 $50.00 12/1/26
166 $50.00 111126
167 $50;00 211126
168 $60.00 311/26
169 $60.00 411126
1 $ 50.00 5/1128.
171 $60.00 6/1126
172 '$50.00 711/26
173 $50.00 811/26
174 $50.00: 911126
175 $50.00 10/1/26
176 $50.00 1111/26
177 $50.00 1211126
178 $60.00 111127
179 $5 0.00 .211127
180 $50.00 ..3/1127
181 $50.00 411/27
162 $50.00 5/1127
183 $50.00 WWI
184 $50.00 111127
185 $50.00 811127
186 $50.00
9/1127
187 $50.00 1011/27
188 $50.00 1111127
188 $50.00 12t1/27
190 0.001 111128
191 $50.00 211128
192 $50.00 '311128
193 $50.00 411128
194 $50.00 511128.
195 $50.00 6/1.128
196 $50.00 711128
197 $50.00 811128
198 $50.001 91112$
199 $50.00 1011/28
200 $50.0 1111128.
201 $50.0 12/7128
202 "$50.00 111129
203 $50-,00 211129'
204 $50.00 311/29
205 $50.100 411129
206 $5000 511129
207 $50.00 611129
208 $50.00 711129.
209 $50.00 811129
210 $50.00 911129
217 $18.00 1011/291 last payment of $18. due to
Error In calculations MS
GN MANAGEMENT, INC.
BOILING SPRINGS APARTMENTS
297 Plaza Drive, Boiling Springs, PA 17007
Telephone (717) 258 -8387 Fax (717) 258 -8250
TTY 800 - 855 -2880 TTY Espaflol 800- 855 -2884
October 25, 2013
Candida Arena
223 Plaza Drive
Boiling Springs, Pa 17007
RE: NOTICE TO QUITNACATEITERMINATE
Dear Ms. Arena,
This letter shall serve as your 30 day notice to Quit and Vacate the premises located at
223 Plaza Drive, Boiling Springs, PA 17007.
In April of 2012, it was discovered through the EIV system that you had unreported
income, and determined that a total amount of $10,468.00 was to be repaid to HUD. On
May 24, 2013 you entered into a repayment agreement.
On April 10, 2012 you were issued a Lease Violation Notice, in which you were notified
the unreported income was the result of a mistake or misunderstanding; however you
were further advised if this should occur in the future, it would be considered fraud.
In August 2013, while processing your Annual Recertification, it was discovered, that
income was not properly reported to this office in accordance with the terms of the lease.
Paystubs that you submitted were used in calculating the total household income. It has
been determined that an additional $2,325.00 is also owed back to HUD as a result of
your under reported income. As a result, your lease shall be terminated on November
30, 2013.
THIS AGREEMENT WILL BE TERMINATED ON: November 30, 2013
You have breached your Lease as follows: Lease —
4.c.f, The Tenant fails to provide information on his /her income,
family composition or other factors as required by the
Landlord.
16.a(3) The household's income cumulatively increases by
$200 or more a month.
18. Tenant If the tenant submits false information on
Obligation any application, certification or request
To Repay: for interim adjustment or does not report
interim changes in family income or other
factors as required by paragraph 16 of this
Agreement, and as a result, is charged a rent less
than the amount required by HUD's rent formulas, the
Tenant agrees to reimburse the Landlord for the
EQUAL HOUSING OPPORTUNITY
Boiling Springs Apartments is an equal opportunity provider and employer and does not discriminate on the basis of race,
color, religion, sex, sexual orientation, gender identity, ancestry, national origin, age, familial or marital status or disability.
To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Ave., SW,
Washington, DC 20250 -9410 or call (800) 795 -3272 of TDD (202) 720 -6382.
difference between the rent he /she should have paid and
the rent he /she was charged. The Tenant is
not required to reimburse the Landlord for undercharges
caused solely by the Landlord's failure to follow HUD's
procedures for computing rent or assistance payments.
23.c(1) The Landlord may terminate this Agreement for the following
reasons:
1, the Tenant's material noncompliance with the terms of
this Agreement;
25 Penalties for Knowingly giving the Landlord false
Submitting False information regarding income or other
Information: factors considered in determining
Tenant's eligibility and rent is a
material noncompliance with the lease subject to
termination of tenancy. In addition, the Tenant
could become subject to penalties available
under Federal law. Those penalties include
fines up to $10,000 and imprisonment for up to
five years.
You are required to vacate the leased premises within thirty (30) days. Your thirty (30)
day period expires on November 30, 2013. The total account balance of $9,529.00 will
be due on this date. This amount does not include your November rent of $981.00 nor
does this amount include the additional $2,325.00 which you are required to repay, as a
result of this most recent unreported income. If you do not leave the premises, return
possession to Landlord, and pay the total amount due within thirty (30) days from service
of this Notice to Quit, please be advised your Landlord may initiate a lawsuit in court to
have you evicted and seek judgment for all monies due.
You have the right as a tenant to defend this action in court if any action is brought
against you. You are hereby advised that you have ten (10) days in which to discuss
this proposed termination with the Landlord. The ten (10) days will end November 10,
2013. This notice does not relinquish or waive your obligation to pay rent for your
occupancy at 223 Plaza Drive, Boiling Springs, Pa 17007.
AFFIDAVIT OF SERVICE
I, the undersigned individual, state that 1 did serve a copy of the attached Notice to
Quit/Vacate upon Candida Arena the Tenant, by posting a copy of the Notice to
Quit/Vacate on the leased premises, 223 Plaza Drive, Boiling Springs, Pa 17007 on
October 31, 2013 and by sending this Notice first class mail.
Sincerely,
Wanda L. Dale
Community Manager
GN MANAGEMENT, INC.
2316 Dairy Uiticaster, PA 17601 -2308
JrJrrnbranc (717) 898 - 2292 Fax (717) 898 - 7483
7008 0150 oau G363 8692
VIA CERTIFIED MAIL
December 17, 2093
Candida Arena
120 Meals Drive
Carlisle, PA 17015
Dear Former Resident,
Enclosed please find documents listing all charges that the Lease. Agreement and State or
focal law permits the Landlord to deduct from your security deposit at move olut. The
Security Deposit and Account Closing form compiles all charges previously d e on your
account and includes the new charges from the enclosed Move Out Cleanin Inspection and
Unit Damage Reports. Your security deposit monies are then applied to thes6 outstanding
charges.
Your remalning balance due to the Landlord is $11,407.00. You have thirty (,b0) days from
the date of this letter to pay the balance due. If not paid within thirty (30) days, the account
will be forwarded to a collection agency. `
:You have the right to request a meeting to appeal any of the listed charges b� contacting us
by telephone at the number above or in writing within ten (10) days of the datle of this letter.
A record of this meeting will become part of your file for future reference. If we fait to meet or
discuss your appeal with you within ten (10) days of your request, you are en�itled to a
refund of the full security deposit plus accrued expenses, if applicable.
Section 2.50.51 1 b of the PA Landlord and Tenant Law requires that interest > e paid to the
tenant after the second anniversary of the lease. The amount of the interest is not set by
statute_ Instead, the statute permits the landlord to choose a federally insured depository
and establish an escrow account for the security deposit. By the terms of the statute, the
landlord is permitted to retain an amount up to 1% of the interest as an administrative fee.
The account at Fulton Bank, the bank that holds your security deposit pays If ss than 1 %.
Accordingly, this year there is no interest disbursement to you.
Sincerely, f
r" �� •rr t r•r � • •� � l � j � � r r
Jody t_., Buchter '
Asset Manager
TTY 800- 855 -2880 'i 3sparlol 800- 855 -2884
EQUAL HOUSING OPPORTUNITY
GN management. Inc. Is an equal oWoftunity provider and employer and does not discriminate on (1 o basis of race,
color, religion, sex, sexual orientation, gender identity, ancestry, national origin, ago, familial or marital { ,etas or disability,
C
...,......., ........_ _ _ _... - �., .,.. _.. s.... ._...—.., w--..+....,. .._�.._...�.+.......wr....... —.... -. r . -. .... -.,. w,. ... 4..«w+... , w. , ..,.«w,w.rr, e . ...w.ww..�.a
FtSSIDENT S ECURITY DEPOSIT and CN tanAgement, Inc.
ACCOUNT CLOSING 2316 Dair 11ond
1, nc rs f P-A 17601 1
Apt. II 22 1
Move Out .late IZ1/2013
Property loff Spr ings Apartments
Resident Name Candida Arena
Forwarding Address 120 Meals Drive, Cartlsle, PA 1,701.5
Date Keys Returned 12/9/2013 Written Notice. Date _ L11 2 01g Responsible Th W,0/201
Reason for Moving lease terrninatlon fur unreported income
.Remarks setand incident of unreponed Income
SECAJRJTY DEPOSIT
Security Deposit Paid 790.00
Interest Earned from to ff.tit3
( +) t?ve"]d Charg esjtrodits on Accoisnt
TOTALDEPOSM $ 790,00
DEDUCTIONS
Unpaid .Rent 2545,00
Late. Fees 15.I3p
Legal Pees 0.00
Keys 400
Move.Out Cleaning Insp. Charges, Including Carpet Cleanipg 0.00
2 It Karma a Peport Charges 0.030
Balance of Repayment Agreement 9637
0.
i3.C3t1
o
( DEDUCTIONS $ 12,197.00
tiA ANNE W CHAMM OVE LANDLORC) $ 1 0
REMAINING.rDEPOSITSICREDITSON ACCOUNT $1
PET DEPOSIT CLOSING
Pet D Psit Paid
rnteresst I arr }ecl from o
Pet Char es beductlons
Deposits /Account Credits Applied to Pei Charges $
BALANCE PET CHARGES EttJf:IANt3 D $
PET DEPOSIT WUNDED To RESIDENT
TOTAL CHARGES DLiE 1�WORD
ot,zota
TOTAL AL SECURITY D QSI'I g1GC }Ut11T CREDITS it t]NDED'f� Mtf3l;NT
_..
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r i<aE TRO H O : h,.. '
Sheriff
∎41; i a€aratrt
Jody S Smith ' 20 111 FEB 19 PM 3:
Chief Deputy
CUMBERLAND COUNTY
Richard W Stewart CUMBERLAND
Solicitor
Boiling Springs Associates
vs. Case Number
Candida Arena 2014-616
SHERIFF'S RETURN OF SERVICE
02/10/2014 07:55 PM-Sergeant Jason Vioral served the requested Complaint&Notice by"personally" handing a
true copy to a person representing themselves to be the Defendant, to wit: Candida Arena at the
Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013.
J O ORAL, DEPUTY
SHERIFF COST: $35.24 Si ANS RS,
February 11, 2014 RONNW SHERIFF
•∎10 C.;SO`t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
BOILING SPRtNGS ASSOCIATES,
Plaintiff,
V.
CANDIDA ARENA,
Defendant.
Answer
NO.14.616 Civil
70ikM8R (7 &M0: 05
CUMBERLAND
PENNSYLVANIA
1. The amount in controversy is less than
2. Plaintiff, Boiling Springs Associates, is a Pennsylvania business association with a business
address of 297 Plaza Drive, Boiling Springs, Pa 17007.
3. Defendant, Candida Arena, is an adult individual with and address of 120 Meals Drive, Carlisle,
Pennsylvania 17015.
4. On or about February 26, 2010, Plaintiff (as Landlord) and Defendant (as Tenant) entered into a
subsidized Iease agreement.
5. In addition to the lease agreement a document entitled "House Rules" was signed by Defendant.
6. The Defendant faithfully provided all the material necessary, pay stubs, W-2 forms, and bank
statements for the yearly recertification per agreement on or about AugList 2009, August 2010,
August 2012, and August 2013. The evening of March 26, 2012 around 8:30 pm, the Defendant
received a call from the manager of the Boiling Springs Apt, to go in the office for an emergency
meeting. At that time, the Plaintiff notified the Defendant that she had allegedly underreported
her household income and as a result, she owed $10, 468.00 to the Plaintiff.
7. On or about May 24 2013, the Plaintiff threatened eviction unless the Defendant entered into a
"Repayment Agreement" which required the Defendant to agree to repay the $10,468.00 to
Plaintiff. A true and correct copy of the Repayment Agreement is attached hereto as Exhibit "C"
and incorporated herein as if set forth in full.
8. Defendant was further,issued a "Lease Violation Notice", thereby notifying her that the Plaintiff
has considered the unreported income to be the result of a "mistake or misunderstanding".
9. On or about March 2013, the Defendant notified the Plaintiff of a change in income and
submitted copies of current pay stubs. Plaintiff informed defendant that any changed would be
reviewed at the next annual recertification. No changes to the rent were made at that time.
10. On or about August 2013, the Plaintiff processed the Defendant's annual recertification and
notified the Defendant that an additional amount of $2,325.00 was owed.
11. Defendant continued to make payments per the agreed to 'Repayment Agreement", however
on October 31, 2013, Defendant was notified that her lease was being terminated as of
November 30, 2013 because the Plaintiff now requested that the Defendant pay the entire
amount of $11,407 in full.
12. Defendant subsequently vacated the premises and moved to 120 Meals Drive, Carlisle PA 17105.
13. On or about December 17, 2013, Plaintiff sent the defendant a certified letter explaining that
she had thirty (30) days to pay off the balance due owed to Plaintiff, in the amount of $11,407.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
BOILING SPRINGS ASSOCIATES
Plaintiff,
V.
CANDIDA ARENA,
Answer
NO.14.616 Civil
Defendant.
Defendant requested to continue to make payments as agreed to on May 24, 2013 in the
Repayment Agreement.
14. The Defendant was told by the Plaintiff to discontinue making payments as agreed to in the
Repayment Agreement.
Verification
1, Candida Arena, verify that the statements made in the Answer to the Civil Action complaint are true
and correct to the best of my knowledge and belief. The undersi nedunderstandsthatfa|seutatennents
herein are made subject to the penalties of the 18 PACSES 4904 relating to unsworn falsification to
authorities.
DATE:
ea,1
Candida Arena
LAW OFFICE OF STEPHEN W. GROSH
BY: Stephen W. Grosh, Esquire
I.D. Nci. 92040
53 NORTH DUKE STREET, SUITE 402
LANCASTER, PA 17602
(717) 435-8830 phone
(717) 435-8846 facsimile
■■••
YE
L17.
20!4p R -8 AH 46
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
BOILING SPRINGS ASSOCIATES,
Plaintiff,
V.
CANDIDA ARENA,
Defendant.
: NO. 14-616
: CIVIL DIVISION
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff, BOILING SPRINGS ASSOCIATES, by and through its counsel, Stephen W. Grosh,
Esquire, files the following Reply to New Matter, and does so in the event Defendant's pro se
Answer is said to contain New Matter.
1. No reply required.
2. No reply required.
3. No reply required.
4. No reply required.
5. No reply required.
6. Denied. Defendant is without information or knowledge to admit or deny whether
Defendant provided certain information per the recertification agreement. It is denied
that Defendant was contacted at 8:30 p.m. on March 26, 2012, by the manager of the
Boiling Springs Apartment. Rather, Defendant was contacted by the manager and met
earlier that same day to discuss the issue of unreported income. Strict proof demanded
at trial.
7. Denied. It is specifically denied Defendant was "threatened" with eviction on May 24,
2013. Defendant had previously signed a Repayment Agreement on March 26, 2012.
Defendant had then requested a reduction of the monthly payment from $224.00 per
month to $50.00 per month. Therefore, the terms of the Repayment Agreement were
modified as agreed. Strict proof demanded at trial.
8. No reply required.
9. Denied. Plaintiff sent a verification to Defendant's employer as to her change in income.
Despite a request, Defendant failed to provide her paystubs to the manager as
requested. However, Plaintiff received an income verification from Defendant's
employer. Said verification was reviewed with the Defendant and was not disputed by
Defendant. Strict proof demanded at trial.
10. No reply required.
11. Denied. Defendant's tenancy was terminated because this was her second unreported
income infraction and was so notified by a Notice to Quit. A copy of said Notice to Quit
is attached to Plaintiff's Complaint.
12. No reply required.
13. No reply required.
2
14. As a result of the termination of tenancy and failure to pay, Plaintiff filed the instant
lawsuit.
WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant in
the amount of $11,407,00., plus interest, costs, attorney's fees and any other relief deemed
appropriate by the Court.
Respectfully submitted,
LAW OFFICES OF STEPHEN W. GROSH
DATE: 9-7-iq BY:
tephen W. Gro h, Esquire
Attorney for Plaintiffs
Attorney I.D. 92040
53 North Duke Street, Suite 402
Lancaster, PA 17602
Phone (717) 435-8830
Fax (717) 435-8846
a
VERIFICATION
I. THALIA CROY, verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. 49O4. rdaiini to unsworn falsification to authorities.
Date: _
FIIALIA CROY
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the Plaintiff's Reply to Defendant's New
Matter on the person and in the manner stated below which satisfied the requirement of Pa.R.C.P. 440.
SERVICE BY FIRST CLASS MAIL TO:
Ms. Candida Arena
120 Meals Drive
Carlisle, PA 17015
Dated: �'% - l y BY:
ephen$7. Grosh, Esquire
Attorney I.D. No. 92040
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ao'k, 5r -'s c45SPlalntl5
VS
C aY,d;dAArev '
RULE 1312-1
following form:
Defendant
Na ,Li wl(.v
CIVIL TERM
The Petition for Appointment of Arbitrators shall be substantially in
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
5 A-epl.. . tAr, GPos1 , counsel for th plan
action (oY actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $j jJ y 07 0 0
CD
r3
efendant in the oS`e.,
-E"
rnr-
The counterclaim of the defendant in the action is 0
r-
<:> co
3>C) -„t
The following attorneys are interested in the case(s) as counsel or are otherwise disqualifier t sit
as arbitrators: -< 47-
The
'
u1�
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, , 20 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
KEVIN A. HESS, P.J.
auk 1.16.s:1
e!_ 35
4c2-'30$1.7]
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
5 ri,'1 Gissopf C,+ 5
P 95 Plaintiff
VS
e and:41ACprc'
RULE 1312-1
following form:
Defendant
: NO. ) 1-J - (o / w CIVIL TERM
The Petition for Appointment of Arbitrators shall be substantially in
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
5 Gas% , counsel for th plait
action (o4• actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $o
' J1 D
The counterclaim of the defendant in the action is 0
•
efendant in the.a`'boie
J
- 0)
<.,
X (tel .4u.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualifies to: sit • •
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
petition,
Esq., and
AND NOW,
Respectfully submitted,
ORDER OF COURT
a -a , 20/'f,
Esq., and
in c9psideration of the foregoing r
Esq., are appointed arbitrators i !" ' ab
= Pct . r- -.
colt-
c),
,<.r.= =
�t co cs ,c
s eil &) . (p/?r,;A, 1%v '7 D �"
KEVIN A. F .-� .
Ca Kd,'c Ares , ,2.-
e671; ej i kd -2////t/-
"Iii
2/i'% ."ILG
captioned action (or actions) as prayed for.
By the Court,
auk%'es.st)
ev_le14 3S
IC2-* 308L7/
BOILING SPRINGS ASSOCIATES,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CANDIDA ARENA,
Defendant
: CIVIL ACTION — LAW
: NO. 14-0616 CIVIL
ORDER
AND NOW, this w day of September 2014, the appointment of Rebecca Hughes,
Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED.
Karen May, Esquire, is appointed in her place.
The appointment of Dawn Richards, Esquire, as a member of the Board of Arbitrators in
the above -captioned case is VACATED. Michael Whare is appointed in her place.
BY THE COURT,
./ Lloyd Persun, Chertok, Esquire
Chairman
Court Administrator _ 1 L /40
:rim
C.)
_.r
Boiling Springs Associates
Candida Arena
Plaintiff
Defendant
In the Court of Common Pleas of Cumberland
County, Pennsylvania No. 14
Civil Action — Law.
-0616
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States
and the Constitutiop-ef this Commonwealth and that we will discharge the duties of our office with fidelity.
Signature
L oyd R. Persun Michael J. Whare, Esquire
Si ature
Name (Chairman)
Persun & Heim, P.C.
Law Firm
P.O. Box 659
Address
Mechanicsburg 17055-0659
City, Zip
Karen B. May, Esquire
Name
May & May, P.C.
Law Firm
Name
Law Offices of Michael J. Whare
Law Firm
4330 Carlisle Pike 37 E. Pomfret Street
Address
Camp Hill
City,
17011-4127
Zip City, Zip
Address
Carlisle 17013
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
ftUJQ rd
t for plaintiff in the amount of $9,525.00 to be paid in monthly installments
of $50.00 each on the 1st day of each calendar month without interest, beginning
December 1, 2014. Upon default, interest at the legal rate shall begin to accrue
and collection proceeding may begin.
.Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: 10-21-14
Date of Award: 10-31-14
7e -„Y
(Chairman)
Notice of Entry of Award
Now, the ligt day of L-4D-1hi , 20 PI , at /-'26 , /° .M., the above
award was entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 4/Cs, - S')
Z4Ze-,
Prothonotary
Deputy
/7//f/i/ m'olo 520)
vii,aity yr/guy
.6)7 id,yd-#'
J' r'
9C :1 !Id 1-