HomeMy WebLinkAboutContract 59544-R1A1CSC No. 59544- Renewal One and Amendment One Page 1 of 4
CoFW and Arbrook Park Gardens, LP
RENEWAL ONE AND AMENDMENT ONE
TO CITY OF FORT WORTH CONTRACT NO. 59544
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth and Arbrook Park Gardens, LP , each individually referred to as a
P P
RECITALS
WHEREAS, on June 1, 2023, the City entered into an agreement with the Landlord for
rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 59544 (the
"Agreement");
WHEREAS,
assistance program;
WHEREAS Initial Term was from June 1, 2023 to June 30, 2024 and
allowed for annual renewals upon agreement of the Parties; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year-term beginning July
1, 2024 and expiring June 30, 2025 First unless earlier terminated in accordance
with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement and
shall be binding and enforceable as if they were originally included therein.
1.Section 3.1 Security Deposit shall be amended and replaced as follows:
3.1 Security Deposit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
CSC No. 59544- Renewal One and Amendment One Page 2 of 4
CoFW and Arbrook Park Gardens, LP
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City City will pay a
$0 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as
follows:
3.2 Rent and Amounts Payable by City
3.2.1 Rent. l
Term is $1,200.00 per month for the Unit.
Total Rent during the First Renewal Term is $1,213.00 per month for the Unit.
During the Initial Term from June 1, 2023 to June 30, 2023, the Tenant shall be
responsible for $0.00 of rent per month for the Unit. Beginning July 1, 2023 through June
30, 2024, the Tenant shall be responsible for $188.00 of rent per month for the Unit. The
Tenant during the First Renewal Term shall be responsible for $217.00 of rent per
month for the Unit.
During the Initial Term, From June 1, 2023 to June 30, 2023, City shall be responsible for
$1200.00 of rent per month for the Unit. From July 1, 2023 through June 30, 2024, City shall
pay $1,
First Renewal Term, the City Portion shall be $996.00. Neither City nor does HUD assume
payment of any claim by Landlord
accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees
associated with the Unit and City shall not be obligated by law or in equity for any amount
other than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
CSC No. 59544- Renewal One and Amendment One Page 3 of 4
CoFW and Arbrook Park Gardens, LP
$0 utility reimbursement per month ents, to be paid directly to
the Landlord.
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.-
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due.
Payments for the first month may be somewhat delayed as a result of the registration and initial
set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due.
If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud,
and late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty
(30) days of the day payment is due. If Landlord elects to receive payment by paper check,
under no circumstances shall late fees be assessed against Tenant or City for late payment by
the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 59544- Renewal One and Amendment One Page 4 of 4
CoFW and Arbrook Park Gardens, LP
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective July
1, 2024.
FOR CITY OF FORT WORTH:FOR LANDLORD:
Name: Fernando Costa
Date: _______________Date:
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Interim Director,
Neighborhood Services Department
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Name: Jessika Williams Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date:
Contract Compliance Manager: M&C No.: 23-0631
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Name: Julie C. Peña, MSW
Title: Sr. Human Services Specialist
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
We are or are not aware that the unit you are renting is located in a 100-year floodplain. If
neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not
in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency
Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by
address, at no cost, to determine if a unit is located in a flood hazard area. Most renter’s insurance
policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that
would cover losses caused by a flood.
We are or are not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2), “flooding” means “a general or temporary
condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or
tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river, stream, or drainage ditch; or (C) excessive rainfall.”
Signatures of All Residents Signature of Owner or Owner’s Representative
Date
Texas Apartment Association
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.�,�„���,,���,A��„ Federally Required Lead Hazard
- Information and Disclosure Addendum
IMPORTANT NOTIfETO RESIDENTS: The following information is taken from a brochure entitled"Protect Your Family from Lead in Your Home" prepared
by the U.S. Environmental Protection Agency, the U.S. Consumer Product Safety Commission and the U.S. Department of Housing and Urban Development.
W hi le the information must be distributed to residents before they become obligated under the lease for most types of housing bui It before 1978,
it does not mean that the dwelling contains lead-based paint (LBP). The brochure was written in general terms and applies to both home purchasers
and renters. The information outlines action that can be taken to test for, remove or abate LBP in a dwelling. The TAA Lease Contract ("Lease") specifically
prohibits a resident from performing this type of work—only the dwelling owner may do so under the Lease. If you have any questions about the presence
of LBP in your dwelling, please contact the owner or management company before taking any adion to test, abate or remove LBP. NOTE: Page references
in the content of this form are to pages in the EPA brochure.
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Protect
Your
Family
From
Lead in
Your
Home
���EPA United5tates
Environmental
Protection Aqency
�Uni[ed S[ates
Consumer Product
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j � Department of Housing
�q �1� and Urban Development
Simple Steps to Protect Your Family
from Lead Hazards
If you think your home has lead-based paint:
• Don't try to remove lead-based paint yourself.
• Always keep painted surfaces in good wndition to minimize
deterioration.
• Get your home checked for lead hazards. Find a certified
inspector or risk assessor at epa.gov/lead.
• Talk to your landlord about fixing surfaces with peelinq or
chipping pain[.
• Regularly dean Floors, window sills, and other surfaces.
• Take precautions to avoid exposure to lead dust when
remodeling.
• When renovating, repairing, or painting, hire only EPA- or state-
approved Lead-Safe certified renovation firms.
• Before buying, renting, or renovating your home, have it
checked for lead-based paint.
• Consult your health care provider about testing your children
for lead. Your pediatrician can check for lead wi[h a simple
blood test.
• Wash children's hands, bottles, pacifiers, and toys often.
• Make sure children eat healthy, low-fatfoods high in iron,
calcium, and viiamin C.
• Remove shoes or wipe soil off shoes before entering your
house.
Are You Planning to Buy or Rent a Home Built
Before 1978?
Did you know that many homes built before 1975 have lead-based
paint? Lead from paint, chips, and dust can pose serious health
hazards.
Read this entire brochure to learn:
• How lead gets into the body
• How lead affects health
• Whatyoucandotoprotectyourfamily
• Where to go for more information
Before renting or buying a pre-1978 home or apartment, federal
law requires:
• Sellers must disclose known information on lead-based paint or lead-
based paint hazards before selling a house.
• Real estate sales contracts must indude a specific warninq statement
about lead-based paint. Buyers have up to 10 days to checkfor lead.
• Landlords must disdose known information on lead-based paint
orlead-based paint hazards beforeleasestake effect.Leases must
indude a specific warning statement abou[ lead-based pain[.
If undertaking renovations, repairs, or painting (RRP) projects in
your pre-1978 home or apartment:
• Read EPA's pamphlet, The Lead-Safe Ceriified Guide to Renovare Right,
to learn about the lead-safe work practices that contractors are
required to follow when working in your home (see page 12).
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Lead Gets into the Body in Many Ways
Adults and children can get lead into their bodies if they:
• Breathe in lead dust (especially during activities such as renovations,
repairs, or paintinq that disturb painted surfaws).
• Swallow lead dust that has settled on food, food preparation surfaces,
and other plaws.
• Eat paint chips or soil that contains lead.
Lead is especially dangerous to children under the age of 6.
• Atthis age, children's brains "=^�
and nervous rystems are �'" '
more sensitive to the ' '
�� � ' , _
damaging effects of lead. �ry � � i �
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• Children's growing bodies
absorb more lead. �- � K
• Babies and young children �� \
oftenputtheirhands ._ - i ".� �
and other ob�ects in their -- ��j
mouths.These obJects can ��� (� . �+ �r�����
have lead dust on them. ,f `� � �� ��
Women of childbearing age should know that lead is dangerous to
a developing fetus.
• Women with a high lead level in their system before or during
pregnancy risk exposing the fetus to lead through the placenta
during feial developmeni.
OTE%ASAPARTMENTASSOCIHTION� �NC.� 2�2� Blue Moon eSi nature Services Document ID: 444389048 PAGE � OF S
Health Effects of Lead
Lead affects the body in many ways. It is important to know that
even exposure to low levels of lead can severely harm children.
In children, exposure to lead can cause: e,a,�Ne,�eo,mage
Hea
• Nervous system and kidney damage Proti1ems
• Learning disabilities, attention-deficit
disorder, and decreased intelligence siowea
�.aw
• Speech, language, and behavior
problems
• Poor muscle coordination
• Decreased musde and bone growth
• Hearing damage
oiyr�wr �
Problems
While low-lead exposure is most wmmon, Reo�oa�«��e
exposure to high amounts of lead can have ian�{�i �
devastating effects on children, including
seizures, unconsciousness, and in some cases, death.
Although children are especially susceptible to lead exposure, lead can
be dangerous for adults, too.
In adults, exposure to lead can cause:
• Harm to a developing fetus
• Increased chance of high blood pressure during pregnancy
• Fertility problems (in men and women)
• High blood pressure
• Digestive problems
• Nerve disorders
• Memory and concentration problems
• Musde andjoint pain
Where Lead-Based Paint Is Found
In general, the older your home or childcare facility, the more likely it
has lead-based paint.'
Many homes, including private, federally-assisted, federally-
owned housing, and childcare facilities built before 1978 have
lead-based paint. In 1978, the federal government banned consumer
uses of lead-containing paint'
Learn how to determine if paint is lead-based paint on page 7.
Lead can be found:
In homes and childcare facilities in the city, country, or suburbs,
In private and public single-family homes and apartments,
On surfaces inside and outside of the house, and
In soil around a home. (Soil can pick up lead from exterior paint or
other sources, such as past use of leaded gas in cars.)
Learn more about where lead is found at epa.gov/lead.
CheckYour Familyfor Lead
Get your children and home tested if you think your home has
lead.
Children's blood lead levels tend to increase rapidlyfrom 6 to 12
months of age, and tend to peak at 18 to 24 months of age.
Consult your doctor for advice on testing your children. A simple blood
test can detect lead. Blood lead tests are usually recommended for:
• Children at ages 1 and 2
• Children or other family members who have been exposed to high
levels of lead
• Children who should be tested under your state or local health
screening plan
Your doctor can explain what the test results mean and if more
testing will be needed.
Identifying Lead-Based Paint
and Lead-Based Paint Hazards
Deteriorated lead-based paint (peeling, chipping, chalking,
cracking, or damaged paint) is a hazard and needs immediate
attention. Lead-based paint may also be a hazard when found on
surfaces that children can chew or that get a lot of wear and tear,
such as:
On windows and window sills
Doors and door frames
Stairs, railings, banisters, and porches
Lead-based paint is usually not a hazard if it is in good condition
and if it is not on an impact or friction surface like a window.
Lead dust can form when lead-based paint is scraped, sanded, or
heated. Lead dust also forms when painted surfaces containing
lead bump or rub toqethec Lead paint chips and dust can get on
surfaces and objects that people touch. Settled lead dust can reenter
the air when the home is vacuumed or swept, or when people walk
through it. EPA currently defines the following levels of lead in dust as
hazardous:
• 10 micrograms per square foot (pg/ft�) and higher forfloors,
induding carpeted floors
• 100 Ng/ft' and higher for interior window sills
Lead in soil can be a hazard when children play in bare soil or when
people bring soil into the house on their shoes. EPA currently defines
the following levels of lead in soil as hazardous:
• 40o parts per million (ppm) and higher in play areas of bare soil
• 1,200 ppm (average) and higher in bare soil in the remainder
of the yard
�"Lead-based pain["is currencly defined bythefederal qovernment as pain[ with Remember, lead from paint chips—which you can see—and lead
lead levels greater than or equal to 1.0 milligram per square centimeter (mq/cm�), or dust—which you may not be able to see—both can be hazards.
more than 0.5� by weight.
'"Lead-mntaininq paint"is currently defined bythefederal qovemmentas lead in new The only way to find out if paint, dust, or soil lead hazards exist is to
dried paint in excess of 90 parts per million (ppm) by weight. test fol'them. The next page descYibes how to do this.
5 6
OTEXASAPARTMENTASSOCIATION��NC.�2�2� Blue Moon eSi nature Services Document ID:444389048 PpGE20F$
Checking Your Home for Lead
You can get your home tested for lead in several different ways:
• A lead-based paint inspection tells you if your home has lead-
based paint and where it is located. It won't tell you whether your
home currently has lead hazards. A trained and certified testing
professional. called a lead-based paint
inspector, will conduct a paint inspection
using methods, such as: 'C_
• Portablex-rayfluorescence(XRF)machine
• Lab tests of paint samples
A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what
actions to take to address any hazards. A
trained and certified testing professional,
called a risk assessor, will:
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.,
• Sample paint that is deteriorated on doors, windows, floors, stairs,
and walls
• Sample dust near painted surfaces and sample bare soil in the
yard
• Get lab tests of paint, dust, and soil samples
A combination inspection and risk assessment tells you if your home
has any lead-based paint and if your home has any lead hazards, and
where both are located.
Be sure to read the report provided to you after your inspection or risk
assessment is completed, and ask questions about anythinq you do not
understand.
What You Can Do Now to Protect Your Family
If you suspect that your house has lead-based paint hazards, you
can take some immediate steps to reduce your family's risk:
• If you rent, notify your landlord of peeling or chipping paint.
• Keep painted surfaces clean and free of dust. Clean floors, window
frames, window sills, and other surfaces weekly. Use a mop or sponge
with warm water and a general all-purpose cleaner. (Remember:
never mix ammonia and bleach products together because they can
form a dangerous gas.)
• Carefully clean up paint chips immediately without creating dust.
• Thoroughly rinse sponges and mop heads often during cleaning of
dirty or dusty areas, and again afterward.
• Wash your hands and your children's hands often, especially before
they eat and before nap time and bed time.
• Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed
animals reqularly.
• Keep children from chewinq window sills or other painted surfaces, or
eating soil.
• When renovating, repairing, or painting, hire only EPA- or state-
approved Lead-Safe Certified renovation firms (see page 12).
• Clean or remove shoes before enterinq your home to avoid tracking
in lead from soil.
• Make sure children eat nutritious, low-fat meals high in iron, and
calcium, such as spinach and dairy products. Children with good diets
absorblesslead.
Checking Your Home for Lead, continued
In preparinq for renovation, repair, or painting work in a pre-1978
home, Lead-Safe Certified renovators (see page 12) may:
• Take paint chip samples to determine if lead-based paint is
present in the area planned for renovation and send them to an
EPA-recoqnized lead lab for analysis. In housinq receivinq federal
assistance, the person collecting these samples must be a certified
lead-based paint inspector or risk assessor
• Use EPA-recognized tests kits to determine if lead-based paint is
absent (but not in housinq receivinq federal assistance)
• Presume that lead-based paint is present and use lead-safe work
practices
There are state and federal programs in place to ensure that testing is
done safely, reliably, and effedively. Contact your state or bcal agency
for more information, visit epa.gov/lead, or call 1-800-424-LEAD
(5323) for a list of contacts in your area'
' Hearinq-orspeech-challengedindividualsmayacwssthisnumberthroughTTYby
callinq the Federal Relay Service at 1-800.877-8339.
Reducing Lead Hazards
Disturbing lead-based paint or j, - II
removing lead improperly can
increasethehazardtoyourfamilyby '
spreading even more lead dust around r
the house. � \I �
• In addition to day-to-day deaning �' ��, ,,.�
and qood nutrition, you can �'
temporarily reduce lead-based paint �-:.- � ,�� •i) +•
hazards by taking actions, such as . �
repairing damaged painted surfaces I I I � I� I I I I I I
and planting grass to cover lead- �
contaminated soil.These actions are �
not permanent solutions and will need � �`
ongoing attention. � �
• You can minimize exposure to lead
when renovating, repairing, or painting by hiring an EPA- or state-
certified renovator who is trained in the use of lead-safe work
practices. If you are a do-it-yourselfer, learn how to use lead—safe
work practices in your home.
• To remove lead hazards permanently, you should hire a certified lead
abatement contractor. Abatement (or permanent hazard elimination)
methods include removing, sealing, or enclosing lead-based paint
with special materials. Just paintinq over the hazard with reqular
paint is not permanent control.
Always use a certified contractor who is trained to address lead
hazardssafely.
• Hire a Lead-Safe Certified firm (see page 12) to perform renovation,
repair, or painting (RRP) projeds that disturb painted surfaces.
• To correct lead hazards permanently, hire a certified lead abatement
contractor.This will ensure your contractor knows how to work safely
and has the proper equipment to clean up thorouqhly.
Certified contractors will employ qualified workers and follow strict
safety rules as set by their state or by the federal government.
�TE%ASAPHRTMEMASSOCIHTION��NC.�2�2� BlueMooneSi nature5ervicesDocumentlD:444389048 PNGE30FS
Reducing Lead Hazards, continued
If your home has had lead abatement work done or if the housing is
receiving federal assistance, once the work is completed, dust cleanup
activities must be conducted until dearance testing indicates that lead
dust levels are below the following levels:
• 10 micrograms per square foot (Ng/ft�) forfloors, induding carpeted
floors
100 Ng/ft' for interiorwindows sills
400 Ng/ft' for window troughs
Abatements are designed to permanently eliminate lead-based
paint hazards. However, lead dust can be reintroduced into an
abated area.
• Use a HEPA vacuum on all furniture and other items returned to the
area, to reduce the potential for reintroducing lead dust.
• Regularly clean floors, window sills, troughs, and other hard surfaces
with a damp cloth or sponge and a general all-purpose cleaner.
Please see page 9 for more information on steps you can take to
protect your home after the abatement. For help in locating certified
lead abatement professionals in your area, call your state or local
agency (see pages 15 and 16), epa.gov/lead, or call 1-500-424-LEAD.
Other Sources of Lead
Lead in Drinking Water
The most common sources of lead in drinking water are lead pipes,
faucets, and fixtures.
Lead pipes are more likely to be found in older cities and homes built
before 1986.
You can't smell or taste lead in drinking water.
To find out for certain if you have lead in drinking water, have your
watertested.
Remember older homes with a private well can also have plumbing
materials that contain lead.
Important Steps You Can Take to Reduce Lead in Drinking Water
• Use only cold water for drinking, cooking and making baby formula.
Remember, boiling water does not remove lead from water.
• Before drinking, flush your home's pipes by running the tap, taking a
shower, doing laundry, or doing a load of dishes.
• Regularly clean your fauceYs screen (also known as an aerator).
• If you use a filter certified to remove lead, don't forget to read the
directions to learn when to change the cartridge. Using a filter after it
has expired can make it less effective at removing lead.
Contact your water company to determine if the pipe that connects
your home to the water main (called a service line) is made from lead.
Your area's water company can also provide information about the lead
levels in your system's drinking water.
For more information about lead in drinking water, please contact
EPA's Safe Drinking Water Hotline at 1-800-426-4791. If you have other
questions about lead poisoning prevention, call 1-800424-LEAD.*
Call your local health department or water company to find out about
testing your water, or visit epa.gov/safewater for EPA's lead in drinking
water information. Some states or utilities offer programs to pay for
water testing for residents. Contact your state or local water company
to learn more.
* Hearing- or speech-challenqed individuals may access [his number throughTTY
by calling [he Federal Relay Service at 1-800-877-8339.
Renovating, Repairing or Painting a Home
with Lead-Based Paint
If you hire a mntractor to mnduct renovation, repair, or painting
(RRP) projects in your pre-1978 home or childcare facility (such as
pre-school and kindergarten), your contractor must:
• Be a Lead-Safe Certified firm approved by EPA or an ,: ���,�
EPA-auihorized state program -
• Use qualified trained individuals (Lead-Safe :=_ . � �
Certified renovators) who follow specific lead-safe
work practices ro prevent lead contamination �. uMo� ��w
• Provide a copy of EPA's lead hazard information .,j ,�
document,TheLea4-SafeCe�[ifie4Guidero =---.-
RenovateRigh[ -' � �t�—
RRP contractors working in pre-1978 homes and childcare facilities
must follow lead-safe work practices that:
• Contain the work area.The area must be contained so that dust and
debris do not escape from the work area. Warninq signs must be put
up, and plastic or other impermeable material and tape musi be used.
• Avoid renovation methods that generate large amounts of
lead-contaminated dust. Some methods qenerate so much lead-
contaminated dustthat their use is prohibited.They are:
OpemFlame burning ortorching
• Sanding, grinding, planing, needle gunning, or blasting with
power tools and equipment not equipped with a shroud and
HEPA vacuum attachment
• Using a heat gun at temperatures greaterthan 1100°F
Clean up thoroughly. The work area should be deaned up daily.
When all the work is done, the area mus[ be deaned up using special
deaninq methods.
Dispose of waste properly. Collect and seal waste in a heavy duty
bag or sheeting. When transported, ensure that waste is contained to
prevent release of dust and debris.
To learn more about EPA's requirements for RRP projects, visit
epa.gov/getleadsafe, or read The Lead-Safe Cer[ified Guide ro
Renova[e Righ[.
Other Sources of Lead, continued
Lead smelters or other industries that release lead inio the air.
Yourjob. If you work wi[h lead, you could bring it home on your body
or dothes. Shower and change dothes before coming home. Launder
your work clothes separately from the rest of your family's clothes.
Hobbies that use lead, such as making pottery or stained glass,
or refinishinq furniture Call your local health department for
information about hobbies that may use lead.
Old toys and furniture may have been painted with lead-containinq
paint. Older toys and other children's products may have par[s that
contain IeadA
Food and liquids cooked or stored in lead crystal or lead-glazed
pottery or porcelain may contain lead.
Folk remedies, such as "greta" and "azarcon;' used to treat an upset
stomach.
In 1978, the federal government banned toys, other children's products, and furniture
with lead-containing paint In 2008, the federal government banned lead in most
children's products.The federal govemment currently bans lead in excess of 10o ppm
OTEXASAPARTMENTASSOCIATION�Irvc.,2021 Blue Moon eSi nature Services Document ID:444389048 PpGE40FS
For More Information
The rvational Lead Inlormation center
Learn M1ow to protect cM1lldren from lead polsoning and gct o�her
information about lead hazardz on the Web at �i�.+ �3�v/..atr,.u.arrr and
I-�uJ.y�v/I�aJ, or call i-aoa-nla-�[wo (s313�.
EPA'z Safe Drinking Water HoNine
For Informatlon about lead In dnnkinq water, call 1-800-426-9191, or
vi�it � .� /I�.i.1(ori��forinatl����b�utle�dl��Jrlr�kii�gwater.
Consumer Product Satety Commission (CPSC7 Hotline
For �informaxion on lead in xoys and o�her consumer produas, orxo
report an unsafe wnsumer product or a product-related injury, call
- - - visrt CPSC's webslte at c�sc.gav or
saferproduaz go�or
5�ate and Local Healtn and Env�ronmental Agenc�es
Some statez, tribez, and citiez have their own rulez related to lead-
based palnt. Check wltM1 your local aqency to see whlch laws apply
oyou.Mos agen alsoprovldelnfor nfinding
a lead abatementfi m in your area, and on posslble�ources of
cial aid tor reducing lead hazards. R o-date addrers
and pM1on Infor n for you or local c n tM1e Web a
�v/.rfe�vrreraol�contaa �he National Lead Information Cen�er at
1'800-029-LEAD.
Heanng- or speecM1-cM1allenged Individuals may access any of tM1e
phone numbers in this brochure �hrough TTY by calling �he xoll-
free Federal Relay Service at 1-800-8))-6339.
Consumer Produci Safety Commission (CPSQ
TheCPSCpro sthepublicagai nable iskofinjury
fromconsumerproductsthroughed cation�safetystandards
and enforcement.Contact CVSCforfurtherinfonnation
regard'ng c nsumer product safety and regulations.
CPSC
4330 East West Hlghway
8ethesAa, MD 20614-4421
1-A00-638-Z]]Z
<t»��yov or saferproducts.gov
U.S. Department of Housing and Urban
Developmenk (HUD)
HUD's mission isto createstrong,sustainable, inclusive
'' and quality affordable homes for aIL Office of
Lead HazardsControl and Heahhy Homes for further information
regarding the Lead Sate Housing Rule, which protects families in
pre-19]a assisted housing, and for the lead hazard convol and
�e�ear�h y�a t4ruyra�ns.
HUD
451 Seventh Street, SW, Room 8236
Washington, DC 20410-3000
202) 402-]698
hud.gov/Icad
IMPORTANT!
Lead From Paint, Dust, and Soil in and
Around Your Home Can Be Dangerous i(
Not Managed Properly
Children under 6 years old are most ac risk for lead
poisoninq In your home.
Lead exposure can harm young chlldren and babiez even
before they are bom.
Homes, schools, and chlld care facilities built before t 9]8
are Ilkely w contaln lead-based painc.
Even ch-ildren who zeem healthy may have dangerouz
levels of lead �in their bodies.
Disturbin9 surfaces with lead�based painc or removinq
lead�based paint Improperty can increase che danqer to
yourfamily
People can get lead inro their bod-ies by breathing or
wallowing lead dust, or by eaclnq soil or painc chips
wntaininq lead.
People have many opt ons for redu� ng lead hazardz.
Generally lead bazed pa nt that-s -n good cond-tion iz not
a hazard (see page 107.
0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785
0 EPA Region 6 Office (indudes Texas)-214/665-2704 0 CPSC-800/638-2772 0 National Lead Information Center-800/424-5323
FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT
OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
LEAD WARNING STATEMENT Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health haz-
ards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors
(owners) must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees (residents) must also receive
a federallyapproved pamphlet on lead poisoning prevention. (This addendum is a"pamphleY'within the meaning offederal regulations.The term"in
the housing" below means either inside or outside the housing unit.)
LEAD-FREE HOUSING If the housing unit has been certified as"lead free"according to 24 CFR Section 35.82, the lead-based paint and lead-based
paint hazard regulations do not apply, and it is not necessary to provide this addendum, or a lead-based paint warning pamphlet and lead-based paint
disclosure statement, to the lessee (resident).
LESSOR'S DISCLOSURE
Presence of lead-based paint and/or lead-based paint hazards (check only one box)
� Lessor (owner) has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
O Lessor (owner) knows that lead-based paint and/or lead-based paint hazards are present in the housing (explain).
Records and reports available to lessor (checkonly one box)
� Lessor (owner) has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
O Lessor (owner) has reports or records indicating the presence of some lead-based paint and/or lead-based paint hazards in the
housing, and has provided the lessees (residents) with all such records and reports that are available to lessor pist documents).
Agent's Statement. If another person or entity is involved in leasing the dwelling as an agent ofthe lessor (i.e., as a management company, real estate
agent or locator service acting for the owner), such agent represents that: (1) agent has informed the lessor of the lessor's obligations under 42 U.S.C.
4852(d); and (2) agent is aware of agenYs responsibility to ensure that lessor complies with such disclosure laws. Such compliance may be through
lessor himself or herself, or through lessor's employees, ofFicers or agents. Lessor's obligations include those in 24 CFR Sections 35.85 and 35.92 and 40
CFR Sections 745.107 and 745.113. AgenYs obligations include those in 24 CFR Section 35.94 and 40 CFR Section 745.115.
Accuracy Certifications and ResidenYs Acknowledgment. Lessor and any agent named below certify that to the best oftheir knowledge the above
information and statements made or provided by them, respectively, are true and accurate.The person who signs forthe LESSOR may be: (1) the owner
himself or herself; (2) an employee, officer or partner of the owner; or (3) a representative of the owner's management company, real estate agent or
locator service if such person is authorized to sign for the Iessor.The person who signs for the AGENT may be: (1) the agent himself or herself; or (2) an
employee, officer or partner ofthe agent if such person is authorized to sign forthe agent.The lessees (residents) signing below acknowledge that they
have received a copy of this TAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure
form and pamphlet information required byfederal law regarding lead poisoning prevention.
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 21-AA/BB/CC Q
Pnce 5 of 5 Copyright Odober, 2021, Texas Apartment Association, Inc <..,....�.
Blue Moon eSi nature Services Document ID: 444389048
■ �71 ����
� ��;t�ti:�l'.�k� I �[1=\'I' 14�f]I:11'I I�1�
This Lease is valid only if filled out beforeJanuary 1, 2026.
Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we; "'us;' and "our" refer to the owner listed below.
Apartment Lease Contract 02023, Texas Apartment Association, Inc Page 1 of 6
Blue Moon eSi nature Services Document ID: 444389048
1. Definitions.ThefollowingtermsarecommonlyusedinthisLease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
13. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including"inthisLeasemeans"includingbutnotlimitedto."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "RenY' is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease"includesthisdocument,anyaddendaand
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
otheraccessdevicesincluding: Gate Remote
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
23. Representations.Youagreethatdesignationsoraccredi-
tations associated with the property are subject to change.
3. Rent.YoumustpayyourRentonorbeforethelstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment ofRent and you agree not paying Rent on
or before the istof each month is a material breach of this Lease.
��
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized 6ylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. If we don't receive your monthly base rent in full
when iYs due, you must pay latefees as outlined in Lease Details.
Returned Payment Fee. You'll paythe fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees ifapplicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll payfor all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
If your electricity is interrupted, you must use only battery-
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason—including disconnection for not
paying your bills—until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move-
out date. If you delay getting service turned on in your name
bythis Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utilityshould have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including anyfees
to change service back into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may indude increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move-out
notice under Par.25, which applies onlyto the end ofthe current
Lease term or renewal period.
4. Automatic Lease Renewal and Notice ofTermination.This Lease
will automatically renew month-to month unless either party gives
written notice of termination or intent to move out as required by Par.
25 an d specifi ed on pag e 1. If the number of days isn't filled in, no-
tice of at least 30 days is required.
5. SecurityDeposit.Thetotalsecuritydepositforallresidentsisdue
on or before the date this Lease is signed. Anyanimal deposit will be
designated in an animal addendum.5ecurity deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us your advance
notice of move out as provided by Par. 25 and forwardinq
address in writing to receive a written description and
itemized list of charges or refund. ln accordance with this
Lease and as allowed by law, we may deduct from your
security deposit any amounts due under this LeaseJl�ou
move out earlyorin response to a notice to vacate, you'll be
liable forreke�q tharges. Upon receipt of your move-out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
6. Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
7. Reletting and Early LeaseTermination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. RelettingCharge.You'llbeliableforarelettingchargeas
listed in Lease Details, (notto exceed 85%ofthe highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to give written move-out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) arejudicially evided. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past-due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages—for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain—particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator-service fees.
You agreethatthe reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early LeaseTermination Option Procedure. In addition to
your termination rights referred to in 73 or 8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
the following occur: (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default, the Lease remedies apply.
73. SpecialTerminationRights.Youmayhavetherightunder
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
tertain sexual offenses, stalking or death of a sole resident.
8. DelayofOccupancy.Wearenotresponsibleforanydelayofyour
occupancy caused by construction, repairs, deaning, or a previous
residenYs holding over. This Lease will remain in force subjectto
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply ifthe delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
ApartmentLeaseContracto2023,TexasApartmentAsso �ation Inc Page2of6
Blue Moon eSi nature Services Document ID: 444389048
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewater stoppage is due to our negligence,
we're not liable for—and you must pay for—repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (AJ damage from wastewater stoppages caused by improper
objects in lines exclusively serving your apartment; (8) damage to
doors, windows, orscreens and (C) damage from windows or doors
left open.
10. CommunityPolicies.CommunityPoliciesbecomepartofthis
Leaseand mustbefollowed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollaramounts owed underthis Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law-enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may excludefrom the apartment community
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than _ 7_ days in one week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. NoticeofConvictionsandRegistration.Youmust
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex-offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customarydiligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous manner;
(c) disturbingorthreateningtherights,comfort,health,safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disruptingourbusinessoperations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tamperingwithutilitiesortelecommunication
equipment;
(g) bringing hazardous materials intothe apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas-operated appliances;
(j) making bad-faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(p using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community—except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals.Nolivingcreaturesofanykindareallowed,eventempo-
rarily, anywhere in theapartmentorapartmentcommunityun-
less we've given written permission. If we a I low a n a n i ma I, you m ust
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, payan animal deposit and applicablefees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1.
12.2.
Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal overto a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must payfor
the animal's reasonable care and kenneling charges.
Violations of Animal Policiesand Charges. Ifyou or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the datethe animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal-violation charges and animal-removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes oftransportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehides
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. If you or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonabletimesfor reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract <02023, Texas Apartment A Page 3 of 6
Blue Moon eSi nature Services Document ID: 444389048
15. Requests,RepairsandMalfunctions.
15.1. WrittenRequestsRequired.lfyouoranyoccupantneeds
tosenda request—forexample, forrepairs, installations,
services, ownership disclosure, orsecurity-related matters—
itmust be written and delivered to ourdesignated
representative in accordance with this Lease (except for
fair-housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you.0ur complying
with or responding to any oral request doesn't waive the strict
requirement forwritten notices underthis Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whetheror which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty-insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accountsforthe severityand nature ofthe problem and
the reasonable availability of materials, labor, and
uti I ities. If we fail to timel y repair a condition that
materiallyaffects the physical healih orsafety ofan
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. lf you follow
the procedures under those sections, the following
remeAies, among others, may be available to you:
(i) termination of this Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0567;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages tothe unit or building are
significant or performanw of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose of your personal property if, in
our solejudgment, it causes a health or safety hazard or impedes our
abilityto make repairs.
Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a windowlatch on each window; (B) a doorviewer (peep-
hole or windowJ on each exteriordoor, (C) a pin lock on each sliding
door; (D) either a door-handle latch or a security bar on each sliding
door, (E) a keyless bolting device (deadbolt) on each exteriordoor;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entrydoor. Keyed locks will be rekeyed after the priorresident
moves out. The rekeying wi116e done either before you move in or
within 7 days after you move in, as required bylaw. If we fail to in-
stall orrekeysecurity devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.765(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you oran
occupant in the dwelling is over 55 or disabled, and (B) the require-
ments of Texas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may instal I additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. lf you damage ordisable the
smoke alarm or remove a battery without replacing it
with a working 6attery, you maybe liable to us under
Texas PropeMy Code sec. 92.2611 for$100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident5afetyandLoss.Unlessotherwiserequiredbylaw,none
of us, our employees, agents, or management companies are liable
to you, your guests or occupants forany damage, personal injury,
loss to personal property, orloss of business or personal income,
from any cause, including but not limited to: negligent or intention-
al acts ofresidents, occupants, orguests thek, burglary, assault,
vandalism or other crimes; fire, Flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities,
pipe leaks orother occurrences unless such damage, injuryor loss is
caused exclusively by ournegligence.
We do not warrantsecurityofany kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, anyfalse alarms with
police/fire/ambulance response or other required city charges.
20. ConditionofthePremisesandAlterations.
16.1. Property Closure. We also have the right to terminate 20.1.
this Lease and your right to possession by giving you at
least 30 days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll payfor missing security de-
vices that are required by law. You'll �ay for: (A1 reke�a that
you request (unless wefailed to rekey afterthe previous resi-
dent moved out); and (B) repairs or replacements because of
misuse or damage byyou or your family your occupants, or your
ug ests• You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
As-Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move-in. You agree that
after completion ofthe form or within 48 hours after
move-in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premisesfor purposes ofdetermining any refund dueto
you when you move out. Otherwise, everything will be
considered to be in a dean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holesfor hanging pictures on sheetrockwalls and in
grooves of wood-paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door-
Apartment Lease Contract <02023, Texas Apartment A Page 4 of 6
Blue Moon eSi nature Services Document ID: 444389048
bells, or lock changes, additions, or rekeying is permitted
unless required by law or we've consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances,furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 73. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
22. Liability.EachresidentisjointlyandseverallyliableforallLease
obligations. Ifyou or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification byYou. You7ldefend, indemnifyandhold us
and our employees, agents, and management company
harmless from allliability arising from yourconduct or
requests to our representatives and from the conduct of or
requests by your invitees, occupants or guests.
23. DefaultbyResident.
23.1.
23.2.
Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, orfalse answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex-
related crime, including a misdemeanor.
Eviction.lfyoudefault includingholdingover,wemay
end yourright of occupancy bygiving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filinganevictionsuit wemaystillacceptRentorother
sums due; the filing or acceptance doesn't waive or
diminish our right of eviction or any other contrattual or
statutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Rent for the Lease term wi II be automatically
accelerated without notice and become immediatelydue. We
also may end your right of occu pa ncy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move-out notice (2) our notice to vacate, (3) our notice of
non-renewal, or (4) a written agreement specifying a different
move-out date. If a holdover occurs, then you'll be liable to us
for all Rent forthe full term of the previously signed lease of a
new resident who can't occupy because ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25°/a by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights underthis Lease. All unpaid amounts you owe bear
interest at the rate provided byTexas Finance Code Section
304.003(c) from the due date. You must pay all collection-
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection-agency fees will be added if you don't pay all sums
bythat deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'AuthorityandWaivers.0urrepresentatives(in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease or any part ofit
unless in writing and signeA, and no authority to make promises, rep-
resentations, oragreements thatimpose security duties or other ob-
ligations on us or our representatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
thoice to enforce, not enforce ordelay enforcement of written-no-
ticerequirements, rental due dates, acceleration, liens, oranyother
rights isn4a waiverunderanycircumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term beg ins.
Your Lease is subordinateto existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulativa Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move-OutNotice. Beforemovingout,youmustgiveourrepresen-
tative advance written move-out notice as statedin Par. 4, even if
this Lease has become a month-to-month lease. The move-out date
can't be changed unless we and you both agree in writing.
Your move-out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move-out notice must not terminate this Lease
before the end ofthe Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move-out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) Youmustgetfromusawrittenacknowledgmentofyour
notice.
26. Move-Out Procedures.
26.1. Cleaning.Youmustthoroughlycleantheapartment,including
doors, windows,furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move-out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges—including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract o2023, Texas Apartment Association, Inc Page 5 of 6
Blue Moon eSi nature Services Document ID: 444389048
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move-Out Inspection. We may, but are not obligated to,
provide a joint move-out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move-out date has passed and no one is living in the
apartment in our reasonablejudgment; or(B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us—whichever
happens first.
You have abandoned the apartment when all of the following have
occurred:(A)everyoneappearsto have moved outin ourreasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not conneded in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security-deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may—
but have no duty to—remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including anyvehicles you or any
occupant or guest owns or uses) after you'rejudicially evicted
or if you surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
ofthefollowing occur: (1) this Lease is automatically renewed on a
month-to-month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavitfrom the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may useTAA forms ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision ofthis Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.7,10.2,16, 22.1, 27, 30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Gontrolling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct ifapplicable, wherethe apartment is located.
31. Waivers. BysigningthisLease,youagreetothefollowing:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or otherwise maintain a class action,
collettive action orsimilar proceeding against us in
any forum.
YOD UNDERSTAND THAT, WITHOUTTHIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
Force Majeure. If we are prevented from completing substan-
tial performance ofanyobligation underthis Lease by
occurrences that are beyond our control, induding but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
anyaddenda or Community Policies provided toyou, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
Ownership Entity: Arbrook Park Gardens,
LP. Rent Payments: We require that
payments be made through the resident
portal found at www.HGLiving.com/
Resident-Services, for convenience and
security. Online Payment options
include recurring monthly ACH debit,
on-demand ACH payments and Credit/Debit
Card payments. After two payments are
returned for non-sufficient funds or
two online payments (ACH, debit/credit)
fail to process within a 12-month
period, payments for the next six
months must be paid by secured funds.
This includes CashPav or Credit Cards
like Visa, MasterCard or
(which Fees may apply). Certified Funds
will only be accepted if required by
law.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agreethat you are NOT relying on any
oralrepresentations.
Resident orResidents (all sign below)
�
Apartment Lease Contract, TAA Official Statewide Form 23-A/B-1 /B-2 Revised October 2023 Page 6 of 6
Blue Moon eSi nature Services Document ID: 444389048
Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In
accordance with PUC rules, a copy of the applicable rules is provided to you below:
SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION
§ 24.275. General Rules and Definitions
(a) Purpose and scope. The provisions of this subchapter are intended to
establish a comprehensive regulatory system to assure that the practices
involving submetered and allocated billing of dwelling units and multiple use
facilities for water and sewer utility service are just and reasonable and
include appropriate safeguards for tenants.
(b) Application. The provisions of this subchapter apply to apartment houses,
condominiums, multiple use facilities, and manufactured home rental
communities billing for water and wastewater utility service on a submetered
or allocated basis. The provisions of this subchapter do not limit the authority
of an owner, operator, or manager of an apartment house, manufactured
home rental community, or multiple use facility to charge, bill for, or collect
rent, an assessment, an administrative fee, a fee relating to upkeep or
management of chilled water, boiler, heating, ventilation, air conditioning, or
other building system, or any other amount that is unrelated to water and
sewer utility service costs.
(c) Definitions. The following words and terms, when used in this subchapter,
have the defined meanings, unless the context clearly indicates otherwise.
(1) Allocated utility service--Water or wastewater utility service that is
master metered to an owner by a retail public utility and allocated to tenants
by the owner.
(2) Apartment house--A building or buildings containing five or more
dwelling units that are occupied primarily for nontransient use, including a
residential condominium whether rented or owner occupied, and if a
dwelling unit is rented, having rent paid at intervals of one month or more.
(3) Condominium manager--A condominium unit owners' association
organized under Texas Property Code §82.101, or an incorporated or
unincorporated entity comprising the council of owners under Chapter 81,
Property Code. Condominium Manager and Manager of a Condominium
have the same meaning.
(4) Customer service charge--A customer service charge is a rate that is
not dependent on the amount of water used through the master meter.
(5) Dwelling unit--One or more rooms in an apartment house or
condominium, suitable for occupancy as a residence, and containing
kitchen and bathroom facilities; a unit in a multiple use facility; or a
manufactured home in a manufactured home rental community.
(6) Dwelling unit base charge--A flat rate or fee charged by a retail public
utility for each dwelling unit recorded by the retail public utility.
(7) Manufactured home rental community--A property on which spaces are
rented for the occupancy of manufactured homes for nontransient
residential use and for which rental is paid at intervals of one month or
longer.
(8) Master meter--A meter used to measure, for billing purposes, all water
usage of an apartment house, condominium, multiple use facility, or
manufactured home rental community, including common areas, common
facilities, and dwelling units.
(9) Multiple use facility--A commercial or industrial park, office complex, or
marina with five or more units that are occupied primarily for nontransient
use and are rented at intervals of one month or longer.
(10) Occupant--A tenant or other person authorized under a written
agreement to occupy a dwelling.
(11) Overcharge--The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit after a violation occurred relating to the assessment of a portion of
utility costs in excess of the amount the tenant would have been charged
under this subchapter. Overcharge and Overbilling have the same
meaning.
(12) Owner--The legal titleholder of an apartment house, a manufactured
home rental community, or a multiple use facility; and any individual, firm,
or corporation expressly identified in the lease agreement as the landlord
of tenants in the apartment house, manufactured home rental community,
or multiple use facility. The term does not include the manager of an
apartment home unless the manager is expressly identified as the landlord
in the lease agreement.
(13) Point-of-use submeter--A device located in a plumbing system to
measure the amount of water used at a specific point of use, fixture, or
appliance, including a sink, toilet, bathtub, or clothes washer.
(14) Submetered utility service--Water utility service that is master metered
for the owner by the retail public utility and individually metered by the
owner at each dwelling unit; wastewater utility service based on
submetered water utility service; water utility service measured by point-of-
use submeters when all of the water used in a dwelling unit is measured
and totaled; or wastewater utility service based on total water use as
measured by point-of-use submeters.
(15) Tenant--A person who owns or is entitled to occupy a dwelling unit or
multiple use facility unit to the exclusion of others and, if rent is paid, who
is obligated to pay for the occupancy under a written or oral rental
agreement.
(16) Undercharge--The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit less than the amount the tenant would have been charged under this
subchapter. Undercharge and Underbilling have the same meaning.
(17) Utility costs--Any amount charged to the owner by a retail public utility
for water or wastewater service. Utility Costs and Utility Service Costs have
the same meaning.
(18) Utility service--For purposes of this subchapter, utility service includes
only drinking water and wastewater.
§ 24.277. Owner Registration and Records
(a) Registration. An owner who intends to bill tenants for submetered or
allocated utility service or who changes the method used to bill tenants for
utility service shall register with the commission in a form prescribed by the
commission.
(b) Water quantity measurement. Except as provided by subsections (c) and
(d) of this section, a manager of a condominium or the owner of an apartment
house, manufactured home rental community, or multiple use facility, on
which construction began after January 1, 2003, shall provide for the
measurement of the quantity of water, if any, consumed by the occupants of
each unit through the installation of:
(1) submeters, owned by the property owner or manager, for each dwelling
unit or rental unit; or
(2) individual meters, owned by the retail public utility, for each dwelling
unit or rental unit.
(c) Plumbing system requirement. An owner of an apartment house on which
construction began after January 1, 2003, and that provides government
assisted or subsidized rental housing to low or very low income residents shall
install a plumbing system in the apartment house that is compatible with the
installation of submeters for the measurement of the quantity of water, if any,
consumed by the occupants of each unit.
(d) Installation of individual meters. On the request by the property owner or
manager, a retail public utility shall install individual meters owned by the
utility in an apartment house, manufactured home rental community, multiple
use facility, or condominium on which construction began after January 1,
2003, unless the retail public utility determines that installation of meters is
not feasible. If the retail public utility determines that installation of meters is
not feasible, the property owner or manager shall install a plumbing system
that is compatible with the installation of submeters or individual meters. A
retail public utility may charge reasonable costs to install individual meters.
(e) Records. The owner shall make the following records available for
inspection by the tenant or the commission or commission staff at the on-site
manager's office during normal business hours in accordance with subsection
(g) of this section. The owner may require that the request by the tenant be
in writing and include:
(1) a current and complete copy of TWC, Chapter 13, Subchapter M;
(2) a current and complete copy of this subchapter;
(3) a current copy of the retail public utility's rate structure applicable to the
owner's bill;
(4) information or tips on how tenants can reduce water usage;
(5) the bills from the retail public utility to the owner;
(6) for allocated billing:
(A) the formula, occupancy factors, if any, and percentages used to
calculate tenant bills;
(B) the total number of occupants or equivalent occupants if an
equivalency factor is used under §24.281(e)(2) of this title (relating to
Charges and Calculations); and
(C) the square footage of the tenant's dwelling unit or rental space and
the total square footage of the apartment house, manufactured home
rental community, or multiple use facility used for billing if dwelling unit
size or rental space is used;
(7) for submetered billing:
(A) the calculation of the average cost per gallon, liter, or cubic foot;
(B) if the unit of measure of the submeters or point-of-use submeters
differs from the unit of measure of the master meter, a chart for
converting the tenant's submeter measurement to that used by the retail
public utility;
(C) all submeter readings; and
(D) all submeter test results;
(8) the total amount billed to all tenants each month;
(9) total revenues collected from the tenants each month to pay for water
and wastewater service; and
(10) any other information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (e) of
this section shall be maintained for the current year and the previous calendar
year, except that all submeter test results shall be maintained until the
submeter is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (e) of this section are
maintained at the on-site manager's office, the owner shall make the
records available for inspection at the on-site manager's office within three
days after receiving a written request.
(2) If the records required under subsection (e) of this section are not
routinely maintained at the on-site manager's office, the owner shall
provide copies of the records to the on-site manager within 15 days of
receiving a written request from a tenant or the commission or commission
staff.
(3) If there is no on-site manager, the owner shall make copies of the
records available at the tenant's dwelling unit at a time agreed upon by the
tenant within 30 days of the owner receiving a written request from the
tenant.
(4) Copies of the records may be provided by mail if postmarked by
midnight of the last day specified in paragraph (1), (2), or (3) of this
subsection.
§ 24.279. Rental Agreement
(a) Rental agreement content. The rental agreement between the owner and
tenant shall clearly state in writing:
(1) the tenant will be billed by the owner for submetered or allocated utility
services, whichever is applicable;
(2) which utility services will be included in the bill issued by the owner;
(3) any disputes relating to the computation of the tenant's bill or the
accuracy of any submetering device will be between the tenant and the
owner;
(4) the average monthly bill for all dwelling units in the previous calendar
year and the highest and lowest month's bills for that period;
(5) if not submetered, a clear description of the formula used to allocate
utility services;
(6) information regarding billing such as meter reading dates, billing dates,
and due dates;
(7) the period of time by which owner will repair leaks in the tenant's unit
and in common areas, if common areas are not submetered;
(8) the tenant has the right to receive information from the owner to verify
the utility bill; and
(9) for manufactured home rental communities and apartment houses, the
service charge percentage permitted under §24.281(d)(3) of this title
(relating to Charges and Calculations) that will be billed to tenants.
(b) Requirement to provide rules. At the time a rental agreement is discussed,
the owner shall provide a copy of this subchapter or a copy of the rules to the
tenant to inform the tenant of his rights and the owner's responsibilities under
this subchapter.
(c) Tenant agreement to billing method changes. An owner shall not change
the method by which a tenant is billed unless the tenant has agreed to the
change by signing a lease or other written agreement. The owner shall
provide notice of the proposed change at least 35 days prior to implementing
the new method.
(d) Change from submetered to allocated billing. An owner shall not change
from submetered billing to allocated billing, except after receiving written
approval from the commission after a demonstration of good cause and if the
rental agreement requirements under subsections (a), (b), and (c) of this
section have been met. Good cause may include:
(1) equipment failures; or
(2) meter reading or billing problems that could not feasibly be corrected.
(e) Waiver of tenant rights prohibited. A rental agreement provision that
purports to waive a tenant's rights or an owner's responsibilities under this
subchapter is void.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to tenants for submetered or allocated
utility service may only include bills for water or wastewater from the retail
public utility and must not include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retail public utility's rate structure includes
a dwelling unit base charge, the owner shall bill each dwelling unit for the
base charge applicable to that unit. The owner may not bill tenants for any
dwelling unit base charges applicable to unoccupied dwelling units.
(c) Customer service charge. If the retail public utility's rate structure includes
a customer service charge, the owner shall bill each dwelling unit the amount
of the customer service charge divided by the total number of dwelling units,
including vacant units, that can receive service through the master meter
serving the tenants.
(d) Calculations for submetered utility service. The tenant's submetered
charges must include the dwelling unit base charge and customer service
charge, if applicable, and the gallonage charge and must be calculated each
month as follows:
(1) water utility service: the retail public utility's total monthly charges for
water service (less dwelling unit base charges or customer service
charges, if applicable), divided by the total monthly water consumption
measured by the retail public utility to obtain an average water cost per
gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption
or the volumetric rate charged by the retail public utility to the owner
multiplied by the tenant's monthly water consumption;
(2) wastewater utility service: the retail public utility's total monthly charges
for wastewater service (less dwelling unit base charges or customer
service charges, if applicable), divided by the total monthly water
consumption measured by the retail public utility, multiplied by the tenant's
monthly consumption or the volumetric wastewater rate charged by the
retail public utility to the owner multiplied by the tenant's monthly water
consumption;
(3) service charge for manufactured home rental community or the owner
or manager of apartment house: a manufactured home rental community
or apartment house may charge a service charge in an amount not to
exceed 9% of the tenant's charge for submetered water and wastewater
service, except when;
(A) the resident resides in a unit of an apartment house that has received
an allocation of low income housing tax credits under Texas
Government Code, Chapter 2306, Subchapter DD; or
(B) the apartment resident receives tenant-based voucher assistance
under United States Housing Act of 1937 Section 8, (42 United States
Code, §1437f); and
(4) final bill on move-out for submetered service: if a tenant moves out
during a billing period, the owner may calculate a final bill for the tenant
before the owner receives the bill for that period from the retail public utility.
If the owner is billing using the average water or wastewater cost per
gallon, liter, or cubic foot as described in paragraph (1) of this subsection,
the owner may calculate the tenant's bill by calculating the tenant's average
volumetric rate for the last three months and multiplying that average
volumetric rate by the tenant's consumption for the billing period.
(e) Calculations for allocated utility service.
(1) Before an owner may allocate the retail public utility's master meter bill
for water and sewer service to the tenants, the owner shall first deduct:
(A) dwelling unit base charges or customer service charge, if applicable;
and
(B) common area usage such as installed landscape irrigation systems,
pools, and laundry rooms, if any, as follows:
(i) if all common areas are separately metered or submetered, deduct
the actual common area usage;
(ii) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is an installed landscape irrigation system,
deduct at least 25% of the retail public utility's master meter bill;
(iii) if all water used for an installed landscape irrigation system is
metered or submetered and there are other common areas such as
pools or laundry rooms that are not metered or submetered, deduct
at least 5% of the retail public utility's master meter bill; or
(iv) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is no installed landscape irrigation system,
deduct at least 5% of the retail public utility's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) the number of occupants in the tenant's dwelling unit divided by the
total number of occupants in all dwelling units at the beginning of the
month for which bills are being rendered; or
(ii) the number of occupants in the tenant's dwelling unit using a ratio
occupancy formula divided by the total number of occupants in all
dwelling units at the beginning of the retail public utility's billing period
using the same ratio occupancy formula to determine the total. The
ratio occupancy formula will reflect what the owner believes more
accurately represents the water use in units that are occupied by
multiple tenants. The ratio occupancy formula that is used must
assign a fractional portion per tenant of no less than that on the
following scale:
(I) dwelling unit with one occupant = 1;
(II) dwelling unit with two occupants = 1.6;
(III) dwelling unit with three occupants = 2.2; or
(IV) dwelling unit with more than three occupants = 2.2 + 0.4 per
each additional occupant over three; or
(iii) the average number of occupants per bedroom, which shall be
determined by the following occupancy formula. The formula must
calculate the average number of occupants in all dwelling units based
on the number of bedrooms in the dwelling unit according to the scale
below, notwithstanding the actual number of occupants in each of the
dwelling unit's bedrooms or all dwelling units:
(I) dwelling unit with an efficiency = 1;
(II) dwelling unit with one bedroom = 1.6;
(III) dwelling unit with two bedrooms = 2.8;
(IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional
bedroom; or
(iv) a factor using a combination of square footage and occupancy in
which no more than 50% is based on square footage. The square
footage portion must be based on the total square footage living area
of the dwelling unit as a percentage of the total square footage living
area of all dwelling units of the apartment house; or
(v) the individually submetered hot or cold water usage of the tenant's
dwelling unit divided by all submetered hot or cold water usage in all
dwelling units;
(B) a condominium manager shall multiply the amount established in
paragraph (1) of this subsection by any of the factors under
subparagraph (A) of this paragraph or may follow the methods outlined
in the condominium contract;
(C) for a manufactured home rental community, the owner shall multiply
the amount established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the area of the individual rental space divided by the total area of
all rental spaces; and
(D) for a multiple use facility, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the square footage of the rental space divided by the total square
footage of all rental spaces.
(3) If a tenant moves in or out during a billing period, the owner may
calculate a bill for the tenant. If the tenant moves in during a billing period,
the owner shall prorate the bill by calculating a bill as if the tenant were
there for the whole month and then charging the tenant for only the number
of days the tenant lived in the unit divided by the number of days in the
month multiplied by the calculated bill. If a tenant moves out during a billing
period before the owner receives the bill for that period from the retail public
utility, the owner may calculate a final bill. The owner may calculate the
tenant's bill by calculating the tenant's average bill for the last three months
and multiplying that average bill by the number of days the tenant was in
the unit divided by the number of days in that month.
(f) Conversion to approved allocation method. An owner using an allocation
formula other than those approved in subsection (e) of this section shall
immediately provide notice as required under §24.279(c) of this title (relating
to Rental Agreement) and either:
(1) adopt one of the methods in subsection (e) of this section; or
(2) install submeters and begin billing on a submetered basis; or
(3) discontinue billing for utility services.
§ 24.283. Billing
(a) Monthly billing of total charges. The owner shall bill the tenant each month
for the total charges calculated under §24.281 of this title (relating to Charges
and Calculations). If it is permitted in the rental agreement, an occupant or
occupants who are not residing in the rental unit for a period longer than 30
days may be excluded from the occupancy calculation and from paying a
water and sewer bill for that period.
(b) Rendering bill.
(1) Allocated bills shall be rendered as promptly as possible after the owner
receives the retail public utility bill.
(2) Submeter bills shall be rendered as promptly as possible after the
owner receives the retail public utility bill or according to the time schedule
in the rental agreement if the owner is billing using the retail public utility's
rate.
(c) Submeter reading schedule. Submeters or point-of-use submeters shall
be read within three days of the scheduled reading date of the retail public
utility's master meter or according to the schedule in the rental agreement if
the owner is billing using the retail public utility's rate.
(d) Billing period.
(1) Allocated bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period.
(2) Submeter bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period. If the owner uses the retail public utility's actual rate, the
billing period may be an alternate billing period specified in the rental
agreement.
(e) Multi-item bill. If issued on a multi-item bill, charges for submetered or
allocated utility service must be separate and distinct from any other charges
on the bill.
(f) Information on bill. The bill must clearly state that the utility service is
submetered or allocated, as applicable, and must include all of the following:
(1) total amount due for submetered or allocated water;
(2) total amount due for submetered or allocated wastewater;
(3) total amount due for dwelling unit base charge(s) or customer service
charge(s) or both, if applicable;
(4) total amount due for water or wastewater usage, if applicable;
(5) the name of the retail public utility and a statement that the bill is not
from the retail public utility;
(6) name and address of the tenant to whom the bill is applicable;
(7) name of the firm rendering the bill and the name or title, address, and
telephone number of the firm or person to be contacted in case of a billing
dispute; and
(8) name, address, and telephone number of the party to whom payment
is to be made.
(g) Information on submetered service. In addition to the information required
in subsection (f) of this section, a bill for submetered service must include all
of the following:
(1) the total number of gallons, liters, or cubic feet submetered or measured
by point-of-use submeters;
(2) the cost per gallon, liter, or cubic foot for each service provided; and
(3) total amount due for a service charge charged by an owner of a
manufactured home rental community, if applicable.
(h) Due date. The due date on the bill may not be less than 16 days after it is
mailed or hand delivered to the tenant, unless the due date falls on a federal
holiday or weekend, in which case the following work day will be the due date.
The owner shall record the date the bill is mailed or hand delivered. A
payment is delinquent if not received by the due date.
(i) Estimated bill. An estimated bill may be rendered if a master meter,
submeter, or point-of-use submeter has been tampered with, cannot be read,
or is out of order; and in such case, the bill must be distinctly marked as an
estimate and the subsequent bill must reflect an adjustment for actual
charges.
(j) Payment by tenant. Unless utility bills are paid to a third-party billing
company on behalf of the owner, or unless clearly designated by the tenant,
payment must be applied first to rent and then to utilities.
(k) Overbilling and underbilling. If a bill is issued and subsequently found to
be in error, the owner shall calculate a billing adjustment. If the tenant is due
a refund, an adjustment must be calculated for all of that tenant's bills that
included overcharges. If the overbilling or underbilling affects all tenants, an
adjustment must be calculated for all of the tenants' bills. If the tenant was
undercharged, and the cause was not due to submeter or point-of-use
submeter error, the owner may calculate an adjustment for bills issued in the
previous six months. If the total undercharge is $25 or more, the owner shall
offer the tenant a deferred payment plan option, for the same length of time
as that of the underbilling. Adjustments for usage by a previous tenant may
not be back billed to a current tenant.
(l) Disputed bills. In the event of a dispute between a tenant and an owner
regarding any bill, the owner shall investigate the matter and report the results
of the investigation to the tenant in writing. The investigation and report must
be completed within 30 days from the date the tenant gives written notification
of the dispute to the owner.
(m) Late fee. A one-time penalty not to exceed 5% may be applied to
delinquent accounts. If such a penalty is applied, the bill must indicate the
amount due if the late penalty is incurred. No late penalty may be applied
unless agreed to by the tenant in a written lease that states the percentage
amount of such late penalty.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction for violations under
this subchapter.
(b) Complaints. If an apartment house owner, condominium manager,
manufactured home rental community owner, or other multiple use facility
owner violates a commission rule regarding utility costs, the person claiming
the violation may file a complaint with the commission and may appear
remotely for a hearing.
§ 24.287. Submeters or Point-of-Use Submeters and Plumbing Fixtures
(a) Submeters or point-of-use submeters.
(1) Same type submeters or point-of-use submeters required. All
submeters or point-of-use submeters throughout a property must use the
same unit of measurement, such as gallon, liter, or cubic foot.
(2) Installation by owner. The owner shall be responsible for providing,
installing, and maintaining all submeters or point-of-use submeters
necessary for the measurement of water to tenants and to common areas,
if applicable.
(3) Submeter or point-of-use submeter tests prior to installation. No
submeter or point-of-use submeter may be placed in service unless its
accuracy has been established. If any submeter or point-of-use submeter
is removed from service, it must be properly tested and calibrated before
being placed in service again.
(4) Accuracy requirements for submeters and point-of-use submeters.
Submeters must be calibrated as close as possible to the condition of zero
error and within the accuracy standards established by the American Water
Works Association (AWWA) for water meters. Point-of-use submeters
must be calibrated as closely as possible to the condition of zero error and
within the accuracy standards established by the American Society of
Mechanical Engineers (ASME) for point-of-use and branch-water
submetering systems.
(5) Location of submeters and point-of-use submeters. Submeters and
point-of-use submeters must be installed in accordance with applicable
plumbing codes and AWWA standards for water meters or ASME
standards for point-of-use submeters, and must be readily accessible to
the tenant and to the owner for testing and inspection where such activities
will cause minimum interference and inconvenience to the tenant.
(6) Submeter and point-of-use submeter records. The owner shall maintain
a record on each submeter or point-of-use submeter which includes:
(A) an identifying number;
(B) the installation date (and removal date, if applicable);
(C) date(s) the submeter or point-of-use submeter was calibrated or
tested;
(D) copies of all tests; and
(E) the current location of the submeter or point-of-use submeter.
(7) Submeter or point-of-use submeter test on request of tenant. Upon
receiving a written request from the tenant, the owner shall either:
(A) provide evidence, at no charge to the tenant, that the submeter or
point-of-use submeter was calibrated or tested within the preceding 24
months and determined to be within the accuracy standards established
by the AWWA for water meters or ASME standards for point-of-use
submeters; or
(B) have the submeter or point-of-use submeter removed and tested and
promptly advise the tenant of the test results.
(8) Billing for submeter or point-of-use submeter test.
(A) The owner may not bill the tenant for testing costs if the submeter
fails to meet AWWA accuracy standards for water meters or ASME
standards for point-of-use submeters.
(B) The owner may not bill the tenant for testing costs if there is no
evidence that the submeter or point-of-use submeter was calibrated or
tested within the preceding 24 months.
(C) The owner may bill the tenant for actual testing costs (not to exceed
$25) if the submeter meets AWWA accuracy standards or the point-of-
use submeter meets ASME accuracy standards and evidence as
described in paragraph (7)(A) of this subsection was provided to the
tenant.
(9) Bill adjustment due to submeter or point-of-use submeter error. If a
submeter does not meet AWWA accuracy standards or a point-of-use
submeter does not meet ASME accuracy standards and the tenant was
overbilled, an adjusted bill must be rendered in accordance with §24.283(k)
of this title (relating to Billing). The owner may not charge the tenant for
any underbilling that occurred because the submeter or point-of-use
submeter was in error.
(10) Submeter or point-of-use submeter testing facilities and equipment.
For submeters, an owner shall comply with the AWWA's meter testing
requirements. For point-of-use meters, an owner shall comply with ASME's
meter testing requirements.
(b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium may implement a program to bill tenants for
submetered or allocated water service, the owner or manager shall adhere to
the following standards:
(1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets,
faucet aerators, and showerheads;
(2) perform a water leak audit of each dwelling unit or rental unit and each
common area and repair any leaks found; and
(3) not later than the first anniversary of the date an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium begins to bill for submetered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.5 gallons per
flush; and
(B) install toilets that meet the standards prescribed by Texas Health
and Safety Code, §372.002.
(c) Plumbing fixture not applicable. Subsection (b) of this section does not
apply to a manufactured home rental community owner who does not own
the manufactured homes located on the property of the manufactured home
rental community.
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS—FLAT FEE
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444389048
i . ;, . ., ,
MANAGEMENT
TRASH & VALET WASTE RESiDENT ADDENDUM
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Blue Moon eSi nature Services Document ID: 444389048 Revised 3/3/2022 °°°° ��-
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Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. lf you do
not properly control and care for an animal, you'll be liable if it causes damage or disturbs oYher residents.
Blue Moon eSi nature Services Document ID: 444389048
CONTINUED ON BACK
13.7 Off-Limit Areas. You must not let an animal—other than an
assistance or service animal—into swimming-pool areas, laun-
dry rooms, offices, clubrooms, other recreational facilities, or
other dwelling units besides your own, except that search and
rescue dogs shall be allowed to use areas of the property ac-
cessible to the general public, such as the leasing office. Cer-
tain service animals in training shall also be allowed to use
those areas when accompanied by an approved trainer.
13.8 Food & Water. Your animal must be fed and given water in-
side the dwelling unit. You may not leave animal food or water
outside the dwelling unit at any time, except in fenced yards (if
any) for your exclusive use.
13.9 Leash. You must keep the animal on a leash and under your su-
pervision when outside the dwelling or in any private fenced area.
We or our representative may pick up unleashed animals, report
them to the proper authorities, or do both. We'll charge you a rea-
sonable feefor picking up and keeping unleashed animals.
13.10Animal Waste. Unless we have designated a particular area in
your dwelling unit or on the grounds for animal defecation and
urination, you are prohibited from letting an animal defecate or
urinate anywhere on our property and you must take the ani-
ma I off our property for that purpose. If we allow a n i mal defeca-
tion inside the unit, you must ensure that iYs done in a litter box
with a kitty-litter-type mix. If the animal defecates anywhere
on our property (including in a fenced yard for your exclusive
use), you must immediately remove the waste and repair any
damage. In addition to the terms of this addendum, you must
complywith all local ordinances regarding animal defecation.
14. Additional Rules. We may make reasonable changes to the animal
rules from time to time if we distribute a written copy of any changes
to every resident who is allowed to have animals.
15. Violation of Rules. If you, your guest, or any occupant violates any
rule or provision of this addendum (in ourjudgment) and we give you
written notice of the violation, you must remove the animal immedi-
ately and permanentlyfrom the premises. We also have all other rights
and remedies set forth in the Lease, including eviction and recovering
damages and attorney's fees from you.
16. Complaints About Animal. If we receive a reasonable complaintfrom
a neighbor or other resident or if we, in our sole discretion, determine
that the animal has disturbed neighbors or other residents, we will
give you written notice and you must immediately and permanently
remove the animal from the premises.
17. Our Removal of an Animal. In some circumstances, we may enter the
dwelling unit and remove the animal within one day after leaving a
written notice in a conspicuous place.
17.1 Causes for Removal. We can remove an animal under this para-
graph if, in our solejudgment, you have:
(A) abandonedtheanimal;
(B) lefttheanimalinthedwellingunitforanextendedperiodof
time without food or water;
(C) failed to care for a sick animal;
(D) violatedouranimalrules;OR
(E) let the animal defecate or urinate where iYs not allowed.
17.2 Removal Process. To remove an animal, we must follow the
procedures in the Lease, and we may turn the animal over to a
humane society or local authority. We'll return the animal to you
upon request if we haven't already turned it over to a humane
society or local authority. We don't have a lien on the animal
for any purpose, but you must pay for reasonable care and ken-
neling charges for the animal. If you don't pick up the animal
within five days after we remove it, it will be considered aban-
doned.
18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear
and tear resulting from an assistance or service animal, you and all co-
residents are jointly and severally liable for the entire amount of any
damage the animal causes, including cleaning, defleaing, or deodor-
izing. This provision applies to all parts of the dwelling unit including
carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and
appliances, as well as landscaping and other outside improvements. If an
'item cannot be satisfactorily cleaned or repaired, you must pay for us
to replace it. Payment for damage, repairs, cleaning, replacements, and
the like are due immediately upon demand. As the owner, you're strictly
liable for the entire amount of any injury that your animal causes to an-
other person or to anyone's property. You indemnify us for all costs of
litigation and attorney's fees resulting from any such injury or damage.
19. Move-Out. Except for reasonable wear and tear resulting from an as-
sistance or service animal, when you move out, you'll pay for deflea-
ing, deodorizing, and shampooing to protect future residents from
possible health hazards, regardless of how long the animal was there.
We—not you—will arrange for these services.
20. Multiple Residents. Each resident who signed the Lease must also
sign this addendum. You, your guests, and any occupants must follow
all animal rules. Each resident is jointly and severally liable for dam-
ages and all other obligations set forth in this addendum, even if the
resident does not own the animal.
21. Dog Park. We may provide an area to be used as a dog park. While
using the park, you will be required to supervise your dog, but may
remove the leash. Leashes must be used while traveling to and from
the park. The park is not supervised or monitored in any way, and you
use the park at your own risk. We are not liable for any injury, damage
or loss which is caused as a result of any problem, defect or malfunc-
tion of the park. We are also not liable for injury, damage or loss to
any person, animal or property caused byany other person or animal,
including, but not limited to, dog bite, trespass, assault or any other
crime. Furthermore, we are not liable for any disruption in the park's
operation or performance. You hereby release us and our agents, con-
tractors, employees and representatives from any liability connected
with the park. You agree to be responsible for any property damage
caused by you, your guests or other occupants to the park. You un-
derstand that participating in any activity at the park carries a risk of
injury, and you are willing to assume this risk. We make no representa-
tions or warranties of any kind regarding the park.
22. General. You acknowledge that no other oral or written agreement
exists regarding animals. Except for any special provisions noted in
paragraph 11 above, our representative has no authority to modify this
addendum or the animal rules except in writing as described under
paragraph 14.This Animal Addendum and the animal rules are consid-
ered part of the Lease described above.
23. Animal Restrictions. No animal will be allowed that poses a threat
to any other person. You represent that your animal(s) does not pose
a danger or threat of any kind to any person or property; has not dis-
played vicious, aggressive or dangerous behavior; and has never be-
fore injured you or any other person or animal or caused any dam-
age to your property or another person's property. You affirmatively
represent and warrant that you have never had a claim or lawsuit filed
against you or anyone else for an injury or damage caused by or re-
lated to the animal. You understand and agree thatthe approval ofthe
animal to live in your apartment is expressly conditioned upon all of
the forgoing being true and ifyou have made any misrepresentation it
is a violation of the Lease.
You are legally bound by this document. Please read it carefully.
You are entitled to receive a copy of thisAddendum after it is fully
signed. Keep it in a safe place.
TAA Official Statewide Form 22-E, Revised February 2022 �
yright2022,TexasApartmentAssociation,lnc °---
Blue Moon eSi nature Services Document ID: 444389048
INSURANCE ADDENDUM
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444389048
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�11ANAGEb1ENT
PAY WITH RENT INSURANCE ADDENDUM
Blue Moon eSi nature Services Document ID: 444389048 �
E ADDENDUM � vl.l 02/2021 �
Blue Moon eSi nature Services Document ID: 444389048 �
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MANAGEMENT
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Force-Placed Insurance Addendum � vl 09/2020
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MANAGEMENT
Force-Placed Insurance Addendum
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����� Bed Bug Addendum
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Please note: We want to maintain a high-quality living environment for you. It's important to work together to
minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility
and potential liabiliry when ir comes to bed bugs.
TAA Official Statewide Form 23d1, Revised October, 2023
Copyright 2023,Texas Apartment Association, Inc.
Blue Moon eSi nature Services Document ID: 444389048
����'� Mold Information and Prevention
i r;t�4:���.�t� �.��-. �,���,�:� �� ���. Addendum
TAA Official Statewide Form 23-FF, Revised O�tober, 2023 Q
Copyright2023,TexasApartmentAssociation,lnc -.,.._.,
Blue Moon eSi nature Services Document ID: 444389048
LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444389048
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Security Guidelines for Residents
Addendum
TAA Official Statewide Form 15-M, Revised October, 2015 Q
Copyright 2015,Texas Apartment Association, Inc ...,....,..
Blue Moon eSi nature Services Document ID: 444389048
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444389048
Effective Date 07/23/2019 Rev 1
ADDENDUM FOR RECEIPT OF PACKAGES
HGM DOORBELL CAMERA DEVICES
Blue Moon eSi nature Services Document ID: 444389048
doorbell camera device or the installing of the original doorbell and will be charged for the cost of repairs which may be
reasonably necessary to restore the leased premises to its condition prior to the installation of the device.
Liability and Indemnity: Tenant shall take Full responsibility For the installation, use oF the doorbell camera device, and
any images, videos, or audio files captured by said device, removal of the doorbell camera device, and install of the original
doorbell. To the fullest extent of the law, Tenant agrees to hold landlord harmless, defend, and indemnify landlord against
any injury, damages, claims, losses, demands, made by any party as a result of tenant's use, oF the doorbell camera
device. All images, files, and recordings, whether visual or audial, taken and/or recorded by the doorbell
camera device are the sole possession of tenant, and landlord shall have no responsibility for the content or use of said
images, files, and recordings.
Landlord's Right to Demand Removal: Landlord retains the absolute right to demand tenant's removal of any doorbell
camera device should its use become the subject of other residents' complaints and/or landlord reasonably believes that
tenant is using the device for an improper purpose. Upon notification by landlord, tenant shall remove said device with five
(5) days and repair any damages caused by installation or removal.
Blue Moon eSi nature Services Document ID: 444389048
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MANAGEMENT
COMMUNICATION ADDENDUM
OPT IN
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Blue Moon eSi nature Services Document ID: 444389048
ESUSU RENT REPORTING ADDENDUM
Blue Moon eSi nature Services Document ID: 444389048
ESG ADDENDUM-UTILITY AUTHORIZATION FORM
Blue Moon eSi nature Services Document ID: 444389048
E-SIGNATURE CERTIFICATE
This certificate details the actions recorded durin,; the si,;ning of this Docume
M&C Review
CITY COUNCIL AGENDA
Page 1 of 7
Official site of the City of Fort Worth, Texas
P��� ��A��'�
-:��
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 N� : M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2, Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $Z,000,000.00 to $2,500,000.00,
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
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8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000.00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED GOAL
Promote Affordable Housing Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement Enhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
ging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
architectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at-risk of experiencing homelessness; support efforts to achieve
permanent housing
Healthy Living and Wellness Support programs and services to improve the mental and physical
health of low-to moderate-income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the ma�or housing ana community aeveiopment
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
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Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low-and moderate-income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star-Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low-to-moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies -$1,049,218.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs -$3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush-Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects -$636,610.00: Includes for multifamily rental rehabilitation
Administration -$1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income -$50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Pian, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
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Homebuyer Assistance Program -$408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers
Community Housing Development Organization -$490,667.85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating -$45,000.00:
Major Projects -$2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration -$327,111.90: Includes costs for administering the HOME grant
Estimated Program Income -$50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
CONSOLIDATED PLAN
AGENCY GOAL PROGRAM AMOUNT
B Christian Learning Children and Youth Out of School Time $7g,218.00
Center Services Program
Boys & Girls Clubs of Children and Youth Youth Development ��0,000.00
Greater Tarrant County, Inc. Services at Eastside Branch
Children and Youth 000.00
Camp Fire First Texas Services Teens In Action $50,
Cancer Care Services Healthy Living and Cancer Care $50,000.00
Wellness Services
Easter Seals North Texas, Economic Employment
Inc. Empowerment and Services $60,000.00
Financial Resilience
Giris Incorporated of Tarrant Children and Youth 000.00
County Services Leadership Program $100,
Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00
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using Channel
Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals-On-Wheels, Inc. of
Tarrant Countv
NPower Inc.
e Ladder Alliance
he Women's Center of
arrant County, Inc.
Promote Affordable Housing Counseling
Housing for Renters and & Education
Owners
Children and Youth Cradle to Career
Services Initiative
Children and Youth �aroon 9 Teen
Services Enrichment Program
ing In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Nutrition Program
Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
IDevelopment
Employment
Solutions
United Community Centers, Children and Youth Holistic Educational
Inc. Services Literacy Program
CDBG Public Services Agencies Total
Rehabilitation, Education
and Advocacy for Citizens ccessibility Project Ramp
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for H P f
Page 5 of 7
$111,000.00
$25,000.
$25,000.0
$75,000.
$25,000.0
'�:� ��� ��
$75,000.0
$125,000.00
1,049,218.0
$165,000.
ousing reserva ion
Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up �� $455,000.0
Habitat for Humanity
CDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
$620,000.00
1,669,218.00
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration, Support Services, Short-Term Rent,
Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Center, Inc. gased Rental Assistance
Tarrant County Administration, Facility-Based Operations, Supportive
Samaritan Housing, Services, Tenant-Based Rental Assistance (TBRA) �1,300,000.00
Inc.
TOTAL HOPWA CONTRACTS $1,729,850.00
Emergency 5olutions vrants
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter Operations/Services $116,635.00
County, Inc.
Lighthouse for the Homeless dba True Worth Day Shelter $158,400.00
Place Operations/Services
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�The Salvation Army ��Homelessness Prevention �$150,000.00
Center for Transforming Lives Rapid Re-Housing $75,901.00
SafeHaven of Tarrant County Shelter Operations/Services $63,816.00
TOTAL ESG CONTRACTS $564,752.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and stafFing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund Department
ID
FROM
Fund Department
ID
Account
Account
Project I Program Activ
ID
Project Program Activity
ID
Submitted for City Manaqer's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Budget Reference # I Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
19NS ACTION PLAN 2023 Aqency Form 1295 Forms.pdf (CFW Internal)
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Action Plan SOS Filinqs.pdf (Public)
ConPlan July 12 Public Hearin .q pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Community Enqaqement Report June 2,
2023.pptx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx (Public)
ORD APP 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 A023(r7).docx
(Public)
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