based upon her household income at that time was $519, the HUD assistance payment was $811
and Respondent's household was comprised of two people: herself and her grandson [FN3]
.
Regarding the "Model Lease" signed on January 1, 2013, Ms. Lora testified that new leases
are executed only when HUD makes changes to the verbiage. Paragraph 2 of that lease reflects an
initial one-year term beginning on February 1, 2013 with automatic renewals for successive
one-year terms unless the tenancy is terminated under paragraph 23 of the lease. Regarding the
amount of the tenant's share of the rent, in paragraph 4 of the lease the tenant [*4]agrees that it may be changed during the lease term in specified
circumstances, including where there are changes in the tenant's household composition and/or
income. Regarding the "size of dwelling", in paragraph 19 of the lease the tenant acknowledges
that HUD requires the landlord to assign units in accordance with the landlord's written
occupancy standards which consider the unit size, the age, sex, relationship of family members
and the family preference. If the tenant becomes eligible for a different size unit and the required
size unit becomes available, paragraph 19 also states the tenant's agreement to:
(a) move within 30 days after the landlord notifies him/her that a unit of the
required size is available within the project; or
(b) remain in the
same unit and pay the HUD-approved market rent.
Ms. Lora testified that
a household of two people is not permitted to reside in a three-bedroom apartment according to
federal regulations, the HUD Handbook and the project's Tenant Selection Plan and, instead, is to
be assigned a one- or two-bedroom apartment, with up to two people in each bedroom, as soon as