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11/14/03 <br />Unit to a holder of a rental voucher under 24 CFR part 887 (Rental Voucher Program) <br />or to a holder of a comparable document evidencing participation in a HOME tenant - <br />based assistance program because of the status of the prospective tenant as a holder of <br />such certificate of family participation, rental voucher, or comparable HOME tenant- <br />based assistance document. <br />6. Any lease of any of the Restricted Units must be for not less than one <br />year, unless by mutual agreement between the tenant and the DEVELOPER. The lease <br />may not contain any of the following provisions (in which references to "owner" shall <br />mean the DEVELOPER, its successors or assigns): <br />(a) Agreement by the tenant to be sued, to admit guilt, or to a <br />judgment in favor of the owner in a lawsuit brought in connection with the lease; <br />(b) Agreement by the tenant that the owner may take, hold, or sell <br />personal property of household members without notice to the tenant and a court <br />decision on the rights of the parties. This prohibition, however, does not apply to an <br />agreement by the tenant concerning disposition of personal property remaining in the <br />housing unit after the tenant has moved out of the unit. The owner may dispose of this <br />personal property in accordance with state law; <br />(c) Agreement by the tenant not to hold the owner or the owner's <br />agent legally responsible for any action or failure to act, whether intentional or <br />negligent; <br />(d) Agreement of the tenant that the owner may institute a lawsuit <br />without notice to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or <br />household members without instituting a civil court proceeding in which the tenant has <br />the opportunity to present a defense, or before a court decision on the rights of the <br />parties; <br />(f) Agreement by the tenant to waive any right to a trial by jury; <br />(g) Agreement by the tenant to waive the tenant's right to appeal, or <br />to otherwise challenge in court, a court decision in connection with the lease; and <br />(h) Agreement by the tenant to pay attorney's fees or other legal <br />costs even if the tenant wins in a court proceeding by the owner against the tenant. The <br />tenant, however, may be obligated to pay costs if the tenant loses. <br />7. DEVELOPER, its successors or assigns, may not terminate the tenancy <br />or refuse to renew the lease of a tenant of any of the Restricted Units, except for serious <br />or repeated violation of the terms and conditions of the lease; for violation of applicable <br />federal, state, or local law; or for other good cause. Any termination or refusal to renew <br />6of14 <br />