Public Housing (Leahy Square)
Originally known as Villa Gulf Village, it was built in 1945 as a temporary defense housing for naval personnel and their families. The ground covers 11 acres. In 1973, Villa Gulf Village was demolished upon approval of the construction of a new housing development, planning of which dates back in 1967. The new public housing project, named Leahy Square after the late Fleet Admiral William D. Leahy, was completed in 1974 with funds provided by HUD. The project includes 125 townhouse residential units, a park with play area, and Administration Office.
Facility Information
12 1-Bedroom Apartments 566 Sq. Ft.
48 2-Bedroom Apartments 741 Sq. Ft.
45 3-Bedroom Apartments 1007 Sq. Ft.
18 4-Bedroom Apartments 1145 Sq. Ft.
2 5-Bedroom Apartments 1360 Sq. Ft.
Facility Information
12 1-Bedroom Apartments 566 Sq. Ft.
48 2-Bedroom Apartments 741 Sq. Ft.
45 3-Bedroom Apartments 1007 Sq. Ft.
18 4-Bedroom Apartments 1145 Sq. Ft.
2 5-Bedroom Apartments 1360 Sq. Ft.
Leahy Square No Smoking Policy Lease Addendum
In accordance with PIH Notice-2012-25 and 24 CFR 965.653 (a), (b), (c), (1), (2), Tenant and all members of the Tenant’s family or household are parties to a written lease with the Livermore Housing Authority (LHA). Effective August 1, 2017, the following additional terms, conditions, and rules are hereby incorporated into the Lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease.
1. Purpose of No Smoking Policy. The parties desire to mitigate the irritation and known health effects of secondhand smoke; the increased maintenance, cleaning, and redecorating costs from smoking; the increased risk of fire from smoking; and the higher costs of fire insurance for non-smoke-free buildings.
2. Definition of Smoking. The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product in any manner or in any form.
3. Included in the Policy. Tenant acknowledges that they will not be permitted to smoke cigarettes, cigars, pipes, water pipes (hookahs), or ENDS (electronic nicotine delivery systems).
4. Smoke-Free Complex. Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant’s household have been designated as a smoke-free living environment. Tenant and members of Tenant’s household shall not smoke anywhere in the unit rented by the Tenant, or anywhere within the boundaries of the property, including in any vehicle parked on the public housing property (Leahy Square) nor shall Tenant permit any guest or visitors under the control of Tenant to do so.
5. No Smoking Policy Applies To: All residents, visitors, contractors, volunteers, vendors, and LHA employees. Tenants and members of the household shall be responsible to enforce this No Smoking Policy as to their guest, invitees, and visitors to their residential units, and to:
A. Comply with the Tenant Lease Agreement;
B. Not smoke in any resident unit, Housing Authority offices, in any vehicle parked on the property or anywhere within the boundaries of the public housing property;
C. Not cause or permit a nuisance;
D. Not interfere, or cause or permit interference with, the reasonable peace, comfort or privacy of others;
E. Be responsible for the behavior, conduct of their occupants and/or visitors to their unit, and ensure their compliance with the LHA’s No Smoking Policy
inside and on the public housing property (Leahy Square).
6. Tenant to Promote No Smoking Policy and to Alert the LHA of Violations. Tenant shall inform Tenant’s guest of the no-smoking policy. Further, Tenant shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Tenant’s unit from sources outside of the Tenant’s apartment.
7. The LHA to Promote No Smoking Policy. The LHA shall post no-smoking signs at entrances and exits, common areas, hallways, playgrounds and in conspicuous places adjoining common areas of the apartment complex.
8. LHA not a Guarantor of Smoke-Free Environment. Tenant acknowledges that the LHA’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, do not make the LHA or any of its managing agents the guarantor of Tenant’s health or of the smoke-free condition of the Tenant’s unit and the common areas. However, LHA shall take reasonable steps to enforce the smoke-free terms of its lease. The LHA is not required to take steps in response to smoking unless the LHA knows of said smoking or has been given written notice of said smoking.
9. Other Tenants are Third-Party Beneficiaries of Tenant’s Agreement. Tenant agrees that the other Tenants at the complex are the third-party beneficiaries of Tenant’s smoke-free addendum agreements with the LHA. (In layman’s terms, this means that Tenant’s commitments in this Addendum are made to the other Tenant’s as well as to the LHA.) A Tenant may sue another Tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another Tenant. Any suit between Tenants herein should not create a presumption that the LHA breached this Addendum.
10. Effect of Breach and Right to Terminate Lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum shall be a material breach of the Lease and will be good cause for immediate termination or non-renewal of the Lease by the LHA. Additionally, if Tenant should breach this Addendum, Tenant shall reimburse the LHA for any all expenses incurred to restore the unit to a smoke-free condition.
11. Disclaimer by LHA. Tenant acknowledges that the LHA’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, does not in any way change the standard of care that the LHA or managing agent would have to a Tenant household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental property. The LHA specifically disclaims any implied or express warranties that the building, common areas, or Tenant’s premises will have any higher or improved air quality standards than any other rental property. The LHA cannot and does not warranty or promise that the rental premises or common areas will be free
from secondhand smoke. Tenant acknowledges that the LHA’s ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Tenant and Tenant’s guest(s). Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice the LHA does not assume any higher duty of care to enforce this Addendum than any other LHA obligation under the Lease.
12. Effects on Current Tenants. Tenant acknowledges that current tenants residing in the complex under a prior lease may not be immediately subject to the No-Smoking Policy. As current tenants move out, or enter new leases, the smoke-free policy will become effective for their new unit or new lease.
13. Cessation Resources. All residents will be offered information regarding cessation programs and provided with access tools to assist them in quitting tobacco use, if they so choose.
14. Violations. A violation of the tobacco-free Policy will be considered a material violation of the residential lease. LHA will utilize the following process to address the violations of the No Smoking Policy:
1. Purpose of No Smoking Policy. The parties desire to mitigate the irritation and known health effects of secondhand smoke; the increased maintenance, cleaning, and redecorating costs from smoking; the increased risk of fire from smoking; and the higher costs of fire insurance for non-smoke-free buildings.
2. Definition of Smoking. The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product in any manner or in any form.
3. Included in the Policy. Tenant acknowledges that they will not be permitted to smoke cigarettes, cigars, pipes, water pipes (hookahs), or ENDS (electronic nicotine delivery systems).
4. Smoke-Free Complex. Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant’s household have been designated as a smoke-free living environment. Tenant and members of Tenant’s household shall not smoke anywhere in the unit rented by the Tenant, or anywhere within the boundaries of the property, including in any vehicle parked on the public housing property (Leahy Square) nor shall Tenant permit any guest or visitors under the control of Tenant to do so.
5. No Smoking Policy Applies To: All residents, visitors, contractors, volunteers, vendors, and LHA employees. Tenants and members of the household shall be responsible to enforce this No Smoking Policy as to their guest, invitees, and visitors to their residential units, and to:
A. Comply with the Tenant Lease Agreement;
B. Not smoke in any resident unit, Housing Authority offices, in any vehicle parked on the property or anywhere within the boundaries of the public housing property;
C. Not cause or permit a nuisance;
D. Not interfere, or cause or permit interference with, the reasonable peace, comfort or privacy of others;
E. Be responsible for the behavior, conduct of their occupants and/or visitors to their unit, and ensure their compliance with the LHA’s No Smoking Policy
inside and on the public housing property (Leahy Square).
6. Tenant to Promote No Smoking Policy and to Alert the LHA of Violations. Tenant shall inform Tenant’s guest of the no-smoking policy. Further, Tenant shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Tenant’s unit from sources outside of the Tenant’s apartment.
7. The LHA to Promote No Smoking Policy. The LHA shall post no-smoking signs at entrances and exits, common areas, hallways, playgrounds and in conspicuous places adjoining common areas of the apartment complex.
8. LHA not a Guarantor of Smoke-Free Environment. Tenant acknowledges that the LHA’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, do not make the LHA or any of its managing agents the guarantor of Tenant’s health or of the smoke-free condition of the Tenant’s unit and the common areas. However, LHA shall take reasonable steps to enforce the smoke-free terms of its lease. The LHA is not required to take steps in response to smoking unless the LHA knows of said smoking or has been given written notice of said smoking.
9. Other Tenants are Third-Party Beneficiaries of Tenant’s Agreement. Tenant agrees that the other Tenants at the complex are the third-party beneficiaries of Tenant’s smoke-free addendum agreements with the LHA. (In layman’s terms, this means that Tenant’s commitments in this Addendum are made to the other Tenant’s as well as to the LHA.) A Tenant may sue another Tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another Tenant. Any suit between Tenants herein should not create a presumption that the LHA breached this Addendum.
10. Effect of Breach and Right to Terminate Lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum shall be a material breach of the Lease and will be good cause for immediate termination or non-renewal of the Lease by the LHA. Additionally, if Tenant should breach this Addendum, Tenant shall reimburse the LHA for any all expenses incurred to restore the unit to a smoke-free condition.
11. Disclaimer by LHA. Tenant acknowledges that the LHA’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, does not in any way change the standard of care that the LHA or managing agent would have to a Tenant household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental property. The LHA specifically disclaims any implied or express warranties that the building, common areas, or Tenant’s premises will have any higher or improved air quality standards than any other rental property. The LHA cannot and does not warranty or promise that the rental premises or common areas will be free
from secondhand smoke. Tenant acknowledges that the LHA’s ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Tenant and Tenant’s guest(s). Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice the LHA does not assume any higher duty of care to enforce this Addendum than any other LHA obligation under the Lease.
12. Effects on Current Tenants. Tenant acknowledges that current tenants residing in the complex under a prior lease may not be immediately subject to the No-Smoking Policy. As current tenants move out, or enter new leases, the smoke-free policy will become effective for their new unit or new lease.
13. Cessation Resources. All residents will be offered information regarding cessation programs and provided with access tools to assist them in quitting tobacco use, if they so choose.
14. Violations. A violation of the tobacco-free Policy will be considered a material violation of the residential lease. LHA will utilize the following process to address the violations of the No Smoking Policy:
- 1st Violation: Verbal Warning. A verbal warning will be given. LHA may provide smoking cessation materials.
- 2nd Violation: Verbal Warning. A second verbal warning will be given. Resident to acknowledge verbal warning and sign agreement not to violate the policy again or face further action. LHA will provide smoking cessation materials.
- 3rd Violation: Written Warning. A conference with tenant will be held in the management office and a written warning will be issued with a signed resident acknowledgement of the written warning received. LHA will provide smoking cessation materials.
- 4th Violation: Final Written Warning. A Notice to Vacate with option to remedy will be issued to resident.
- 5th Violation: A Notice to Vacate without option to remedy will be issued to resident.
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