05 - JOINT PH - Vista Del Rio DDA

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(g) The Project shall serve the needs of individuals and families who require special needs housing, specifically persons with disabilities. For purposes of this Section, the term "persons with disabilities" includes, but is not limited to, any physical or mental disability as defined in Government Code Section 12955.3. The Project shall be designed for occupancy by persons with disabilities, by, for example, including design features that makes the Project physically accessible to people with mobility impairments. To the extent permitted by law, Vista Del Rio shall lease each of the forty Assisted Units (not including the manager's unit) ~to persons with disabilities or to families which include one or more persons with disabilities. 6. RENTAL VOUCHER TENANTS. Vista Del Rio, its successors and assigns, shall not refuse to lease an Assisted Unit to a holder of a rental voucher under 24 CFR part 887 (Housing Choice Voucher Program) or to a holder of a comparable document evidencing participation in a HOME tenant-based assistance program because of the status of the prospective tenant as a holder of such certificate of family participation, rental voucher, or comparable HOME tenant-based assistance document. Total rents charged to such tenants, including the tenant contribution and rental assistance, shall not exceed the allowable rents as described above. 7. LEASE PROVISIONS. Any lease of any of the Assisted Units must be for not less than one year. The lease may not contain any of the following provisions (in which references to "owner" shall mean the Vista Del Rio, its successors or assigns): (a) Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; (b) Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the Assisted Unit after the tenant has moved out of the Assisted Unit. The owner may dispose of this personal property in accordance with state law; (c) Agreement by the tenant not to hold the owner or the owner's agent legally responsible for any action or failure to act, whether intentional or negligent; to the tenant; (d) Agreement of the tenant that the owner may institute a lawsuit without notice (e) Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (f) Agreement by the tenant to waive any right to a trial by jury; (g) 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) Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, maybe obligated to pay costs if the tenant loses. B-10 DOCSOC/ 1475221 v5/200272-0004