City of Riverside - Disposition and Development Agreement Template Attachment No. 7
f. Waiver of a jury trial . Agreement by the tenant to waive any right to a trial by jury;
g. Waiver of right to appeal court decision . Agreement by the tenant to waive the tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and h. Tenant chargeable with cost of legal actions regardless of outcome.
Agreement by the tenant to pay attorneys’ fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses.
F. Termination of Tenancy. The Developer may not terminate the tenancy of a tenant of the Project except for an uncured violation(s) of the terms and conditions of the lease; for violation of applicable federal, state, or local law; or for other good cause. Any termination o r refusal to renew must be preceded by not less than thirty (30) days’ notice by the Developer’s service upon the tenant of a written notice specifying the grounds for the action.
G. Tenant Selection . Developer shall submit for the approval of the City a management and marketing plan for rental of all of the Affordable Units. Developer’s marketing of the Affordable Units shall be in compliance with federal and state fair housing laws. The marketing plan, at a minimum, requires publicizing the availability of the Affordable Units within the City, such as notices in any City -sponsored newsletter, advertising in local newspapers, and notice in City offices. In the event the City implements a master waiting list for affordable housing in the City (“Master List”), then Developer shall provide notices to persons on the Master List of the availability of the Affordable Units, prior to undertaking other forms of marketing. Developer shall give the persons on the Master List not fewer than fifteen (15) days after receipt of such notice to respond by submitting application forms for rental of the Affordable Units. Selection of residents shall be made based upon the Master List, rather than on a first -come, first-serve basis.
Provided, however, (i) all tenants of each Affordable Unit shall meet the income requirements set forth herein and tenancy and eligibility shall be in conformance with the terms and standards set forth in the management marketing plan and no preference may be used for the purpose or effect of delaying or otherwise denying admission to the Property or unit based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant household; and (ii) nothing herein shall restrict Developer from screening tenants through the application of criteria which is lawful and customary in apartment management in Riverside County and otherwise consistent with federal, state and local regulations and restrictions relate d to the financing for the Project.
H. Selection of Tenants. Developer must adopt written tenant selection policies and criteria approved Authority that are consistent with the purpose of providing housing for Qualified Households from Table 1 above, and that provide for the selection of tenants from written waiting list in chronological order of their application insofar as it practicable and the prompt written notification to any rejected applicant of the grounds for any rejection. Absent a Master List described above, selection of tenants shall be made randomly within the following levels of priority, rather than a first-come, first-serve basis:
City of Riverside - Disposition and Development Agreement Template Attachment No. 7
(1) First Priority. Households which are displaced from their primary residence as a result of an action of City or Authority, a condominium conversion involving the household’s residence, expiration of affordable housing covenants applicable to such residence, or closure of a mobile home or trailer park community in which the household’s residence was located , and the household resided in such housing as the household’s primary place of residence for at least two years prior to such action or event.
(2) Second Priority. Households which meet one of the following criteria: (i) households which are displaced fr om their primary residence as a result of an action of City or Authority, a condominium conversion involving the household’s residence, expiration of affordable housing covenants applicable to such residence, or closure of a mobile home or trailer park community in which the household’s residence was located, and the household resided in such housing as the household’s primary place of residence for at least one year but less than two years prior to such action or event; (ii) households with at least one me mber who resides within the City, as that person’s primary place of residence; (iii) households with at least one member who works or has been hired to work within the City, as that person’s principal place of full -time employment; or (iv) households with at least one member who is expected to live within the City as a result of a bona fide offer of employment within the City. (3) Third Priority. Other Low Income Households who do not meet the criteria for first priority or second priority above.
I. Compliance with Use and Occupancy Laws. Developer agrees that for each lease, the Developer shall comply with all applicable state and local laws, statutes, ordinances, rules and regulations, which in any way restrict the use and occupancy and resale of the Site.
J. Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, gender, gender identity, gender expression, marital status, national origin, ancestry, disability or military and veterans status in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall the Developer establish or permit any such practice or practices of discrimination or segregation with reference to the location, subtenants, or vendees of any Unit or in connection with the employment of persons for the operation and management of the Site.
All deeds, rental agreements, leases or contracts made or entered into by the Developer as to the Units or the Site or portion thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
1. In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, gender identity, gender expr ession, marital status, familial status, disability, national origin, ancestry or military and veterans status in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the Home Investment Partnership Loan Agreement (HOME) - Sample Contract