ADDITIONAL LANDLORD TERMS AND CONDITIONS REGARDING TENANT

PROTECTIONS AND SCREENING (“TENANT PROTECTION ADDENDUM”)

1. DEFINITIONS

For the purposes of this Exhibit “E-1”, the terms below will be defined as follows:

A. “Director” means the Executive Director of the Harris County Community Services
Department;

B. “Landlord” means [LANDLORD] the owner of the property or an agent of the Owner
including but not limited to, the company or organization contracted to serve as the
property manager for the Property known as the [NAME] located at [ADDRESS], as
well as lessor, or sublessor of a dwelling. For all purposes in this Exhibit, any actions,
statements or agreements reached by any party comprising the “Landlord” with the
Tenant will be deemed as final and binding to all parties comprising the Landlord;

C. “Property” means the residential building in which the tenant resides that is owned by the
Landlord.

D. “Tenant” means a person who is authorized by a lease to the occupied dwelling unit, and
as defined in Chapter 92, Subchapter A (6) of the State of Texas Property Code.

E. “Agreement” means the agreement that sets the terms under which Harris County
will provide Owner with assistance, including but not limited to: loans, grants, funds,
land, or other items of value.

F. “Payment Plan” refers to an arrangement reached between the Landlord and Tenant that
allows the Tenant the opportunity to avoid further accruement of arrears; or Rent that is
owed in exchange for Tenant’s adherence to a schedule of repayment meant to either
bring Tenant current on Rent or pay Landlord an agreed sum which Landlord will accept
as full satisfaction for any current Rent delinquencies. Landlord agrees to use best efforts
to work with Tenant for at least the sixty (60) day period following the month that the
Tenant fell behind on its Rent. Payment Plan must bring Tenant current on Rent within a
six (6) month period beginning the date the Payment Plan is entered into, and Landlord is
required to maintain documentation of such proposed payment, including if a Tenant
decides to decline a Payment Plan. Once the agreed-upon amounts are paid, delinquent
payments shall be expunged from Tenant’s account.

G. “Rent” means the regular monthly recurring charges Tenant is contractually obligated to
pay the Landlord as a condition of being allowed to occupy a unit in the Property per
lease agreement. Rent to Landlord includes all housing services, maintenance, utilities
and appliances to be provided and paid by the Landlord in accordance with the lease.

H. “Notice to Vacate” means document delivered by Landlord to Tenant notifying the

Tenant that the Tenant has defaulted on the obligations of Tenant’s lease and without
steps taken to remedy, will result in actions taken by Landlord including filing for

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 eviction.

I. “Right of First Refusal” means a displaced Tenant who previously occupied a particular
unit in a Property must be the first person given the option to reside in the same or
similar unit.

J. “The Lookback Period” is a period of time during which records of criminal activity
are searchable, starting from the date of the conviction. Lookback Periods may be
based on type of conviction and chance of recidivism.

K. “Affordability Period” means the length of time a Landlord must impose the rent or
occupancy income restrictions on the units assisted by Harris County as established in
the Agreement. Landlord is bound by the Tenant Protection Addendum for the duration
of the Affordability Period.

L. “Eviction” means a forcible entry and detainer action as defined in Chapter 24 of the
Texas Property Code or any other legal action filed by a landlord to obtain possession
of Tenant’s unit.

2. TERMINATION OF TENANCY

A. Owner may not terminate the tenancy or refuse to renew the lease of a Tenant except for:
(1) serious or repeated violations of the terms and conditions of the lease agreement
(e.g., failure to pay rent, or unlawful activity that threatens the health, safety, or right
to peaceful enjoyment of the premises by other residents; willful and repeated
destruction of rental property or property of other residents; or use of the unit for
unlawful purposes);
(2) completion of tenancy period for transitional housing in which case at least 30
days before the end of the transitional housing tenancy period, the Landlord is
required to provide the Tenant with written notice that the tenancy period is ending; or
(3) the temporary or permanent uninhabitability of the Property justifying relocation
of all or some of the Property’s tenants (except where such uninhabitability is
caused by the deferred maintenance, actions or inactions of the
Landlord).Termination on this ground shall trigger either the Relocation
provisions in Section 9 or grounds for termination of the lease, except in cases
where the property becomes uninhabitable due to the Tenant’s intentional actions.

B. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the
termination notice Section 3.

C. Landlord hereby agrees to apply all partial and/or full payments made by Tenant or on
behalf of Tenant to Rent first to reduce the risk of eviction for nonpayment of rent.

D. Should Tenant become current on Rent prior to the issuance of a judgment for eviction
due to nonpayment of Rent, Landlord agrees to dismiss the eviction proceeding with
prejudice.

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 E. Landlord may not evict Tenant for nonpayment of Rent after a Payment Plan has
been entered into, unless Tenant subsequently violates the Payment Plan.

F. In the event of an eviction being filed against Tenant, Landlord will provide contact
information of government-funded legal aid agencies or other legal representation
organizations the Tenant may contact to request assistance in either understanding or
representing them in the eviction process. Landlord agrees to work with the legal
representative, if one is obtained, to reach an agreement and dismiss the eviction
proceeding or take other measures to prevent the court from issuing a judgment in the
eviction proceeding.

G. Once a lease is terminated, Landlord may not take, hold, or sell personal property of
the Tenant, or any occupant of the Tenant’s dwelling, without written notice to the
Tenant and a court decision on the rights of the parties except when the property
remains in the unit after the Tenant has moved out of the unit and the property is
disposed of in accordance with State law.

3. NOTICES REGARDING TERMINATION OF TENANCY

A. Thirty-Day Notice. To terminate or not renew the lease, Landlord shall serve written
notice upon the Tenant specifying the grounds for the termination or nonrenewal at least
thirty (30) days before the effective date of the termination or nonrenewal, unless the
termination is based on serious violent criminal activity that poses an immediate threat to
the safety of staff or other residents. The notice to terminate or nonrenewal shall be served
on the Tenant by either:
(1) both first class mail and either certified or registered mail; or
(2) by personal delivery to the Tenant or a household member sixteen (16) years or
older.

B. Opportunity to Discuss. The written notice shall also inform Tenant of the right to discuss
with the Landlord the proposed termination or non-renewal of tenancy. The notice must
give the Tenant at least ten (10) business days from the date of the notice to request a
meeting with the Landlord. The Tenant may provide written notice of a request to meet
with a Landlord through mail, text message, e-mail, or any other written communication
that the Landlord uses for correspondence with Tenant. If the Tenant makes a timely
request, the Landlord agrees to meet with the Tenant and to discuss the proposed
termination or nonrenewal.

C. Opportunity to Cure Lease Violations. For termination or nonrenewal of tenancy due

exclusively to serious or repeated lease violations, excluding drug activity or other
serious criminal activity, the written notice shall also inform Tenant of the opportunity to
cure any alleged violation of the lease agreement before the effective date of the
termination or nonrenewal in the Notice as required by Section 3(A).

D. Three-Day Notice. If the dispute is not resolved and the Tenant does not vacate the
premises by the effective date of the termination as set forth in the notice of lease
termination required by Section 3(A), Landlord shall give the Tenant at least three (3)

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 days written notice to vacate the premises. If the Tenant does not vacate the premises by
the end of the third day, Landlord may then proceed to obtain possession by a forcible
entry and detainer lawsuit in the appropriate Justice of the Peace court.

4. PUBLIC ASSISTANCE

A. Landlord will provide information about local governmental or other organizations that
Tenant may contact to request assistance in either paying past-due Rent or helping Tenant
meet the obligations of their Payment Plan. Landlord shall provide a list of resources
attached to lease agreement and other forms of communication including but not limited
to SMS text, e-mail, door flyers, etc. Landlord also agrees to display the above-mentioned
list prominently on both the Property’s website and at the rental office on-site.

B. Landlord agrees to accept all forms of lawful financial assistance paid on behalf of Tenant,
including but not limited to publicly administered rent relief program, non-profit rental
assistance, church or charity-based rental assistance received by Tenant, provided that the
assistance is received within sixty (60) days of a governmental entity or organization’s
written commitment to make Rent payments on behalf of tenant.
Landlord agrees to adhere to rules and regulations of a program and participate as
necessary for Tenant’s participation in any assistance program.

C. If Tenant has defaulted on Rent and applies for rental assistance, the Landlord will not
pursue enforcement of any judgements, writs of possession or other litigation based on
nonpayment of rent until a final decision is made whether the Tenant is eligible or
selected for assistance under the applicable program.

D. Landlord shall rescind or cancel, within five (5) business days of the Landlord’s receipt of
a payment of financial assistance, any prior enforcement mechanism applicable to the
Property based solely upon nonpayment for the month(s) to which the assistance applies.
Landlord retains the right to pursue eviction if a Tenant who received rental assistance
also engages in conduct constituting a non-monetary default of Tenant’s lease.

E. If Landlord receives payments for Rent on behalf of the Tenant from a governmental,
church, or charitable organization, the Tenant is not responsible for paying the portion of
Rent to owner covered by the governmental, church, or charitable organization under the
contract between the Landlord and the organization, if such a contract exists. A
governmental, church, or charitable organization’s failure to make the Rent payment to
the Landlord will not constitute a default or violation of the lease by the Tenant, and the
non-payment will not constitute grounds for eviction or other collection efforts. In such
event, Landlord will work with the Tenant, governmental, church, or charitable
organization to the furthest extent possible in an attempt to resolve the interruption in
Rent payments.

5. CONTACT WITH TENANT REPRESENTATIVE FOR TENANTS

A. If Tenant has an attorney on record with the court and/or is under a guardianship or other
form of community supervision and support, Landlord agrees to contact the appropriate

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 representative, attorney or case worker regarding termination of tenancy or other
disciplinary actions against the Tenant.

6. TENANT SCREENING AND ANTI-DISCRIMINATION

A. Application of Federal Laws. Landlord agrees to follow all Fair Housing Act provisions,
including the Americans with Disabilities Act, and other federal, state or local laws
prohibiting certain forms of discrimination. Landlord will be in compliance with
protections covered under the Violence Against Women Act.

B. Veterans. Landlord shall not engage in discrimination based on veteran status. Landlord
may adopt a veteran preference or any other measure that encourages veterans to take up
residence at the Property.

C. Source of Income. Landlord shall not engage in discrimination based on a Tenant or

prospective Tenant’s current or prospective source of income. All forms of government-
funded housing assistance (including but not limited to Housing Choice Vouchers and
Tenant Protection Vouchers) must be accepted as valid.

D. Selection Procedures. Landlord shall maintain written Tenant selection policies and
procedures. Landlord will make the policy readily available through means that include
but are not limited to: (a) prominently posting the policy in the Property rental office and
on the Property website; and (b) providing paper and electronic copies of the policy upon
request.

If Harris County adopts a Tenant screening policy that covers the Property, Landlord must
follow the adopted policy for the remainder of the Affordability Period. Harris County
will provide Landlord with written notice and at least sixty (60) days to achieve
compliance per Section 14(C).

E. Inclusion of Lookback Periods. Landlord’s selection policy shall set Lookback Periods for
various criminal offenses. Each Lookback Period shall be limited to a reasonable duration.
In no discretionary situation should a criminal offense’s Lookback Period extend more
than seven (7) years from the date of prospective Tenant’s application.

F. Consideration of Eviction. Landlord agrees that a prospective Tenant may not be denied
an application or residency based on eviction history if: (a) eviction proceedings resulted
in a dismissal, nonsuit or judgment for the prospective Tenant; (b) eviction proceedings
have been sealed or made confidential; or (c) judgment against the prospective Tenant
was issued more than three (3) years before the application.

G. Consideration of Credit History. Landlord agrees that a prospective Tenant may not be
denied application or residence based on credit history, provided that the prospective
Tenant can show record of consistent and timely Rent payments over the last twelve (12)
months.

H. Consideration of Criminal Record. Landlord agrees that a prospective Tenant may not be
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 denied application or residence based on (a) arrests that have not resulted in conviction;
(b) convictions that occurred outside of the Lookback Period; or (c) convictions for
controlled substance offenses other than drug manufacturing or distribution. Landlord
agrees to only consider convictions that occurred during the Lookback Period as part of
the holistic process described below.

a. In screening prospective Tenants, Landlord may consider convictions that

occurred during the Lookback Period only as part of an individual review process
that requires the Landlord to weigh the following factors:
i. age at time of offense;
ii. how long since offense was committed;
iii. community ties and support;
iv. references and supporting recommendations;
v. rehabilitation efforts;
vi. further explanation of the offense; and
vii. requests for reasonable accommodation.
b. In determining eligibility after the individual review process described in (a),
Landlord may only deny a prospective Tenant’s application if Landlord finds
reliable evidence that the denial will assist in protecting resident safety or
property.

I. Landlord shall retain records of all denials with reasoning and make such records
available to Harris County for audit in accordance with the record retention and audit
provisions included in the Agreement.

8. PROPERTY CONDITION

A. All residential rental units within the Property must meet minimum health and safety
standards outlined in the United States Department of Housing and Urban
Development’s Housing Quality Standard, Harris County Minimum Property Standards,
as well as basic utilities and facilities, ventilation and heating, safety from fire, and safe
and sanitary maintenance.

B. Units must also maintain working amenities including but not limited to water heating
facilities, cooling facilities (where available), water and sewer lines, plumbing and
electrical fixtures, lighted common halls and stairways, and, if provided, cooking
equipment.

C. At least once every twelve (12) month period, Landlord will permit and cooperate with
an on-site Housing Quality Standards inspection of the Property by representatives or
contractors for the Harris County Community Services Department. In addition,
Landlord will provide copies of any and all inspection reports conducted by any other
government entity to Harris County Community Services Department or Tenant within
ten (10) business days.

D. Landlord is to receive and process Tenant repair requests. Repair requests may be written
or submitted on-line via computer based systems. All repair requests made by Tenants

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 will be made available to Harris County Community Services Department upon request.
Landlord will be deemed to have knowledge of any condition on or affecting the
Property upon such request being submitted by Tenant(s).

E. If Landlord knows or should know of any hazardous condition on or affecting the

Property, Landlord agrees to remediate the same within a reasonable period of time
following the date that the Landlord becomes aware of the condition. There is a
rebuttable presumption that seven (7) days is a reasonable period of time. To rebut that
presumption, the date on which the Landlord received the Tenant's notice, the severity
and nature of the condition, and the reasonable availability of materials and labor and
of utilities from a utility company must be considered.

F. Landlord agrees to repair and maintain all elements of the Property, even if the same is
due to an act or omission of Tenant. However, Landlord, following the completion of
such repair, retains all rights to retain portion of a Tenant’s security deposit (if any)
and/or pursue collection of such amount against Tenant through the judicial system.

G. Landlord agrees that any day in which the temperature goes above ninety (90)
degrees, air conditioning repair requests are emergencies. The cooling system
must be capable of delivering enough cool air to assure a healthy living
environment and a comfortable living condition.

9. TENANT RELOCATION

A. If a Tenant is required to move out of the Property, or Tenant’s individual unit, due to any
repair, replacement, renovation of the unit, Landlord will provide relocation assistance to
Tenant including but not limited to packing, moving, storage and seeking a replacement
unit as closely as possible mirroring Property and the living conditions (e.g. location, cost,
proximity to community resources, etc.) the Tenant enjoyed while residing at the
Property. Upon the completion of such repairs or renovations which necessitated the
Tenant’s relocation, Landlord agrees to offer Tenant the Right of First Refusal to return to
their previous unit or a comparable unit within the Property. If the Tenant refuses to
return to the Property within thirty (30) business days from the date that the Right of First
Refusal was offered, then the Landlord is no longer responsible for providing relocation
assistance.

10. TENANT ACCESS TO INFORMATION

A. Landlord must provide Tenant with copies of Tenant Protection Addendum, and all other
legal documents, either (a) at the same time as Landlord provides a copy of the Lease to
the Tenant; or (b) within ten (10) days of the execution of this Agreement with Harris
County, if the Landlord and Tenant already have a lease agreement in place. The Tenant
Protection Addendum is in effect whether or not the parties have signed it.

B. The Tenant Protection Addendum must be provided in English, Spanish, Chinese, and
Vietnamese. Harris County Community Services Department will provide copies of the
Tenant Protection Addendum in the four languages listed.

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 C. Landlord must attach the Tenant Protection Addendum to each and every lease
signed during the Affordability Period, including lease renewals.

D. Landlord will provide Tenant with copies of any documents signed by Tenant or
otherwise provided to Tenant as part of Landlord’s selection and on-boarding process.
Such requirements include lease agreements, rental applications, and Addendum or
supplemental document outlining the rights of Tenant.

E. Landlord agrees to adopt and implement the requirements identified in this document
attached hereto and made a part hereof for all purposes.

F. Landlord agrees to communicate the new tenant policies to the Tenants of Property
through direct notice to Tenants, presentation(s) at residents’ meetings, and through a
prominently displayed posting in the leasing office. Landlord also agrees to upon
request provide Tenant with additional copies of communications previously issued to
Tenant by Landlord or its representatives.

G. Landlord will attach a copy of the Tenant Protection Addendum to any petition
filed in an eviction proceeding against the Tenant.

11. RIGHT TO PARTICIPATE IN TENANT ORGANIZATION, PROTECTION

FROM RETALIATION, AND RIGHT TO TRIAL BY JURY

A. Landlord will permit each Tenant to conduct activities on the Property related to
or establishing a Tenant organization, including hosting a Tenant organizer at the
Property.

B. If the Tenant accesses common areas for tenant organization activities, the
Landlord may not impose fees or rules that are not applicable to a Tenant who
accesses a common area for activities that do not include tenant organization
activities.

C. Landlord will adhere to all policies and procedures applicable to the Property,
including the enforcement of restrictions on actions or failures of Tenant that
could trigger an eviction proceeding or other enforcement or collection efforts
by Landlord, in a uniform and non-discriminatory manner.

D. Landlord’s obligations pursuant to this Section also specifically extend to

prohibit the non-uniform or discriminatory treatment of Tenants who have
lodged or issued complaints against Landlord.

E. Landlord agrees that any waiver of a Tenant’s right to participate in a class or collective
action and any waiver of Tenant’s right to a trial by jury in any lease or other contractual
provision will have no effect.

F. Retaliatory behavior, as defined by Chapter 92 of the Texas Property Code, exhibited by

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 the Landlord is strictly prohibited and may result in the termination of this Agreement.

12. TENANT AS THIRD-PARTY BENEFICIARY

A. Landlord acknowledge the Tenant’s status as a third-party beneficiary of this Agreement,

including all rights of Tenant to pursue the enforcement of this Agreement and/or
introduce the same as a defense in any future litigation between Landlord and Tenant
regarding rental, lease disputes, possession of the subject premises, or other litigation
regarding the premise.

13. IMPLEMENTATION

A. Landlord will adopt and implement the policy within ten (10) days of the execution of
this Agreement with Harris County and will abide with the same throughout the
Affordability Period.

B. This policy is effective as of October 11, 2022, as approved by Harris County

Commissioners Court. Any affordable housing Property that receives funding
thereafter from the Harris County Community Services Department is subject to the
provisions and terms outlined in Tenant Protection Addendum and Agreement.

14. APPLICATION
A. The provisions of this Tenant Protection Addendum replace any conflicting provisions
contained in the lease agreement. To the extent any conflict exists between the lease
agreement and this Addendum, the provisions of this Addendum shall govern

B. This Addendum is deemed to have been made in compliance with all applicable Federal,
State and local laws, and if any section or part is not lawful, only that section or part shall
be void, and the balance of the Tenant Protection Addendum shall remain in full force and
effect. This Addendum should not be construed to restrict Landlords who participate in
federal housing assistance programs from abiding by program-specific requirements.

C. Landlord agrees to abide by all Harris County rules and regulations, as subject to change.
In the event that Harris County’s rules are revised, County will provide Landlord with
written notice at least sixty (60) days before the revision goes into effect.

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SIGNATURES

BY: _________________________ ____________________________

Owner’s Representative Date

________________________
Property Name

_________________________ ____________________________

Tenant Date

LANDLORD: THIS DOCUMENT MUST BE ATTACHED TO EACH AND EVERY

LEASE SIGNED DURING THE AFFORDABILITY PERIOD, INCLUDING LEASE
RENEWALS.

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