SDSU Housing Administration & Residential Education

TERMS AND CONDITIONS

1. Eligibility. To qualify for a space in the residence halls, a student must be currently enrolled in six (6) or more semester units of instruction in a regular academic program at San Diego State University. The University may revoke the License Agreement if resident fails to meet this requirement.

All assignments to a residence hall space are contingent upon acceptance and regular enrollment at San Diego State University. If the resident’s provisional admission is rescinded, or the resident is disqualified between semesters, it is the resident’s responsibility to notify the SDSU Office of Housing Administration (OHA) immediately in writing. (See sections 6i, 9 and 10 of Terms and Conditions.)

2. Term

ACADEMIC YEAR. A licensee may reserve a bedspace either for the entire Academic year or for the spring semester only. A license for the Academic year begins on Friday, August 24, 2007, and ends at 8:00 pm the day of the Licensee’s last final examination; and in no case later than 4:00 pm on Saturday, May 17, 2008. During this term, Licensee must vacate his/her room during the periods described in section 4 hereinafter. The term may be extended only with the written approval of the University.
Failure of Licensee to move in before 5:00 pm on the day before classes begin may constitute cancellation of the License Agreement with charges, and conditions of Section 9 of the License Agreement will apply.
SPRING SEMESTER. A license for the spring semester only begins after 2:00 pm on Sunday, January 20, 2008, and ends at 8:00 pm the day of the Licensee’s last final examination; and in no case later than 4:00 pm on Saturday, May 17, 2008. During this term, Licensee must vacate his/her room during the periods described in section 4 hereinafter. The term may be extended only with the written approval of the University.

3. Room and Hall Assignment and Changes. The University shall assign each Licensee bedspace in a particular room. Where possible, the University will accommodate the Licensee’s request. Room changes and hall switches may occur either as directed by the Housing Administration or Residential Education staff, or as requested by a Licensee and approved by the Housing Administration or Residential Education staff. There is a $15 processing fee to move to another hall or to switch rooms. Otherwise, no room change or hall switch is permitted. Both failure to move to a new room as directed by staff, and failure to prepare a room for a new roommate are violations of policy.

4. Occupancy

ALL RESIDENCE HALLS EXCEPT UNIVERSITY TOWERS, VILLA ALVARADO AND AZTEC CORNER: For academic year and spring semester, the License Agreement does not grant Licensee permission to occupy assigned space during the periods listed below
UNIVERSITY TOWERS, VILLA ALVARADO and AZTEC CORNER: For the academic year, the License Agreement grants Licensee permission to occupy space during the break periods noted in 4a. Note: Aztec Corner is leased for an 11-month period (see Aztec Corner Addendum).
Specific assignment of a space in a residence hall shall be made by the University at the time of occupancy, and may be changed from time to time in the interest of health, discipline, vacations, recesses, management, and/or general welfare of the Licensee(s).8:00 pm the day of the Licensee’s last final examination; and in no case later than 4:00 pm on December 15, 2007, through January 20, 2008. Continuing students may return after 4:00 pm.

5. Enhancement of Educational Experience. Licensee agrees to recognize the importance of maintaining the housing facility as an environment within which it is conducive for fellow students to study, live and sleep. Licensee agrees not to disturb this environment.

6. Additional Conditions

This License Agreement is subject to the regulations contained in Title 5 of the California Code of Regulations, sections 42000-42103. A copy of those regulations is available at the Office of Housing Administration during normal business hours and at local libraries.
Licensee agrees to comply with the housing facility regulations, which are included as part of this agreement, and any subsequent amendments.
This License Agreement shall not be assigned or sublet except as permitted in section 12.
It is understood and agreed by the Licensee and the University that no lease, nor any other interest in real property, is created by this Agreement.
University assumes no responsibility for any property of Licensee, which is stolen, damaged, or destroyed, in the housing facility at any time, including periods when Licensee is not in occupancy or after the term of the occupancy has expired.
Proof of measles and rubella immunizations are required of Licensee. Licensee’s immunization record must be on file in Student Health Services by the end of the first term of school. The Office of Housing Administration may require proof of this.
First-year freshmen will be provided information about meningococcal disease and the availability of a vaccine. They will be required to sign a form indicating their receipt of this information and indicating whether or not they have received, or intend to receive, a vaccination.
Licensee stipulates that she/he does not have a health condition that might be affected by group living. Residence halls are multiple occupancy facilities with shared spaces. Persons with pre-existing conditions such as, but not limited to, environmental allergies or asthma may find such conditions exacerbated. Consult with your physician before signing the License Agreement to determine if group living is an appropriate environment for you.
Licensee must be a matriculated student who remains regularly enrolled in six (6) or more units throughout the license period. If the Licensee’s provisional admission is rescinded, or Licensee is academically disqualified between semesters, the Licensee may not occupy bedspace within the residence halls. (See section 1.)
The Residential Education Office values the academic success of all students. If the academic progress of a student is deemed to be in jeopardy, information related to student academic performance (including grades) might be released to appropriate paraprofessional and professional staff.
To maintain the structural and visual integrity of the residence halls and to offer students a pleasant community environment, repair and/or construction projects may be pursued during the term of this agreement. Every reasonable effort is made to minimize a negative impact on residents. Projects requiring entry into Licensee’s room will result in the University notifying affected Licensees when time permits. Licensee will be responsible for safeguarding his/her belongings to the extent that removal of the belongings may be necessary.

7. Dining Service Conditions. The License Agreement includes a meal plan, except for residents of Villa Alvarado and Aztec Corner. First-time freshmen assigned to either Villa Alvarado or Aztec Corner is required to have a meal plan. Continuing SDSU and transfer students residing in Villa Alvarado or Aztec Corner are not required to have a meal plan. Except for non-meal plan holders in Villa Alvarado or Aztec Corner, all Licensees agree to comply with the following conditions that govern use of SDSU Dining Services:

Your student ID card, which is used to access your meal plan, must be presented to the cashier for each purchase, and on demand by a member of the Residence Hall or Dining Service staff in any campus restaurant.
Meal plans are not transferable. If someone else is using your ID card for meals, it will be confiscated at that time.
No reduction in food service fees is permissible because of dietary or other restrictions. No refunds are permissible for missed meals.
You may change meal plans only by changing your License Agreement with the University at the SDSU Dining Services Office. There is a $5 processing fee to change your meal plan. When changing from the Meals Plus Plan and/or 10 Plan Plus, any remaining balances will not carry forward to the new plan or be refunded.

                                    Change dates are:
                                    September 10-14, 2007 (effective Monday, September 24, 2007)
                                    November 5-9, 2007 (effective Tuesday, January 22, 2008)
                                    February 4-8, 2008 (effective Monday, February 18, 2008)

In case of cancellation from the License Agreement contract, meal plan payment refunds will be prorated. The billing week is Sunday through Saturday. There are no refunds on missed meals or balances on any meal plans. Thirty (30) days prior to the end of each semester, there will be no refunds on any meal plans.
The first meal for the FALL SEMESTER will be breakfast on the first day of classes, Monday, August 27, 2007. No meals will be served during Thanksgiving break, November 22 through November 25, 2007; last meal is breakfast or lunch on Wednesday, November 21, 2007. The last meal of the fall semester will be lunch on Saturday, December 15, 2007, unless previously terminated under the provisions of this License Agreement.

The first meal for the SPRING SEMESTER will be breakfast or lunch on Tuesday, January 22, 2008. No meals will be served during spring break, March 29 through April 6, 2007; last meal is lunch on Friday, March 28, 2008. The last meal for the spring semester is lunch on Saturday, May 17, 2008, unless previously terminated under the provisions of this License Agreement.

The Dining Room at Cuicacalli is set up as an all-you-care-to-eat facility for dining in only. No food or beverages may be taken from the Dining Room.

8. Maintenance of Premises

Licensee shall maintain the room and furnishings in the condition noted on the Room Condition Checklist. The cost of any damages to the room or furnishings, exclusive of ordinary wear and tear, will be billed.
Licensee shall make no alteration to the housing facility without the prior written permission of University.
Licensee agrees to be jointly responsible with other residents for the protection of the residence hall, its furnishings and equipment, through the hall councils and the Residence Hall Association.

9. Cancellation by Licensee Before Occupancy

The occupancy period begins August 24, 2007 for the academic year and January 20, 2008 for new students entering for the spring semester. Licensee may cancel a reservation for a space in the facility by giving written notice to the Office of Housing Administration at least thirty (30) days before the beginning of the occupancy period (on or before July 25, 2007, for the academic year and on or before December 21, 2007 for new students entering for the spring semester). A $50 cancellation fee will be charged.
A written request to cancel a reservation less than thirty (30) days before the beginning of the occupancy period shall include Licensee’s statement of reasons. The University may exercise its discretion to grant or deny the request. A release due to financial hardship must include verification appropriate to the circumstance and must be a loss of income that has occurred since the cancellation deadline (on or after July 25, 2007 for students entering fall; on or after December 21, 2007 for new students entering spring). A release due to illness must include the appropriate medical documentation provided by a licensed physician. The University may deny the request for cancellation, wherein the Licensee shall owe the full fee period of the license (academic year), plus any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and the $50 cancellation fee. In any case, the charges will be prorated if a replacement acceptable to the University is found. All empty spaces within all facilities will be filled before any resident’s license can be replaced.
SDSU Dining Services will charge a $25 fee upon cancellation by Licensee and deduct this from any refund due Licensee.

10. Cancellation After Occupancy

Each Licensee’s agreement is for a full academic year (or full spring semester for new students entering spring). Any Licensee who requests to vacate the housing facility shall give at least thirty (30) days notice, in writing, of intention to vacate and the reason theretofore. The University may exercise its discretion to grant or deny a request to vacate. A release due to financial hardship must include verification appropriate to the circumstance and must be a loss of income that has occurred since the cancellation deadline (July 25, 2007, for the academic year and on or before December 21, 2007 for new students entering for the spring semester). A release due to illness must include the appropriate medical documentation provided by a licensed physician. Request for release due to pre-existing environmental allergies, asthma or other health condition that might be affected by group living will not be considered (refer to Terms and Conditions, Section 6.h). The University may approve the request to vacate, with 30 days written notice, wherein the Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period (as defined in section 9a), through the end of the required notice period, plus any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and the $50 cancellation fee. The University may deny the request to vacate, with 30 days written notice, wherein the Licensee shall owe the amount due under the full fee period of the license (academic year), plus any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and the $50 cancellation fee.
The University may exercise its discretion to grant or deny a request to vacate with less than thirty (30) days written notice. The University may approve the request to vacate but require full notice, wherein the Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period (as defined in section 9a), through the end of the required notice period, plus any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and the $50 cancellation fee. The University may deny the request to vacate, wherein the Licensee shall owe the amount due under the full fee period of the license (academic year), plus any charges for damages and cleaning, all nonrefundable fees as described in the Payment Information, and the $50 cancellation fee. In any case, the charges will be prorated if a replacement acceptable to the University is found. All empty spaces within all facilities will be filled before any resident’s license can be replaced.
SDSU Dining Services may charge a $25 fee upon cancellation by Licensee and deduct this from any refund due Licensee.

11. Revocation of License Agreement

University may revoke this License Agreement for any of the following reasons:
Conduct by the Licensee, which, in the determination by the Director of Residential Education, constitutes or would constitute misconduct within the meaning of section 41301 of Title 5, California Code of Regulations. No disciplinary proceedings need be commenced against the Licensee by the University under section 41301 for purposes of revocation of the License Agreement under this section; furthermore, the License Agreement may be revoked under this section regardless of whether disciplinary proceedings are commenced against the Licensee by the University under section 41301, and regardless of the outcome of those disciplinary proceedings.
If the Licensee is convicted of any misdemeanor or felony committed on University property, or involving any member of the University community (e.g., students, staff, faculty) whether on or off University property, or that is otherwise University related.
Breach of any term of this License Agreement, specifically including, but not limited to, breach of any of the Policies and Regulations contained in this License Agreement.
Nonpayment of License Fees.
Breach of any of the provisions of Sections 42000, et seq. of Title 5, California Code of Regulations.
Failure of Licensee to maintain status as a student at the University through academic dismissal or all other withdrawals. Residents must be enrolled in a minimum of six (6) units of coursework.
Administrative necessity of the University. Administrative necessity exists when any condition, not reasonably foreseen at the time of signing by the University, occurs which prevents the University from making a housing facility available to the Licensee. Such conditions include, but are not limited to, unfinished construction of facilities, damage caused by natural disaster or vandalism, a drop in the usual rate of cancellation resulting in an overbooking of facilities.
If the continued presence of the Licensee poses a danger to themselves or other residents, staff, faculty, or other members of the University community.
University shall provide Licensee not less than three (3) days notice in the event of an occurrence described in subsection (1), except in cases of emergency.
Licensee will be assessed charges according to Terms and Conditions, item 10.

12. Abandonment or Termination by Licensee. Except as permitted in sections 9 and 10, termination of this License Agreement or abandonment of the premises by Licensee shall not release Licensee from paying any obligation due the University for so long as the University does not terminate Licensee’s right to possession. In the event of termination or abandonment, Licensee shall have the right to sublet or assign his/her interest in the License Agreement to another eligible person by the consent of the University, which consent shall not unreasonably be withheld.

13. Disposition of Property. Any property of Licensee remaining on the premises after abandonment, termination, eviction or revocation of this license may be removed and placed in storage. A fee will be charged for such storage. Property may be claimed by Licensee or authorized agent upon payment of storage charge in full. After 90 days, the University may, at its discretion, permanently discard unclaimed items. Licensee releases the University from any liability for any damages or loss to property disposed of in the manner described above.

14. Destruction or Unavailability. In the event that bedspace is destroyed or becomes unavailable as the result of conditions not reasonably foreseen at the time this License Agreement is made, Licensee shall be entitled to a pro rata refund of any fees applicable to periods after Licensee was required to vacate. Such conditions include, but are not limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder, compliance with state or federal law; interruption of basic services because of labor strife; a drop in the rate of cancellations not reasonably foreseen by the University, if such a drop results in an overbooking of available housing facilities.

15. Notice of Vacating. Any Licensee who requests to vacate a housing facility shall give at least thirty (30) days written notice of intention to vacate and the reasons therefore. The University, using the standards established pursuant to Section 42017, may grant or deny the request to vacate.

16. Vacating the Housing Facility. Licensee shall vacate the housing facility on the expiration of the license period or upon revocation of this License Agreement, whichever occurs first. (See “Checking Out,” under Policies and Regulations.)

17. Nonpayment of License Fees. Nonpayment of License Fees may, at the discretion of the University, result in:

Assessment of a late fee as stated in the fee schedule. In addition to the late fee, failure to pay, as agreed, may result in interest at 10% per annum on any delinquent amounts during the period of the delinquency.
Suspension of meal service without compensation for missed meals.
Revocation of the License Agreement with financial penalties, as noted in Section 11.
Withholding of University services pursuant to Section 42380, et. seq., Title 5, California Code of Regulations. This includes: withholding official transcripts and denial of registration.
Offset of paychecks, loans, grants or scholarships payable through the University, or tax refunds through the Franchise Tax Board.
Notification of default to credit bureau organizations.
Employment of a collection agency to collect all delinquent amounts. Any attorney fees and other reasonable collection costs and charges accrued during the collection of said amounts are the responsibility of the Licensee.
Legal action to collect unpaid obligations.
By signing the License Agreement, Licensee consents to the release of information from student records to non-University third parties such as credit bureaus, credit gathering organizations, skip tracers, billing agencies, collection agencies, legal counsel, parents, guardians, and employees which may, in the judgment of University, be necessary or helpful in the collection of delinquent obligation arising out of the Agreement.
By signing the License Agreement, Licensee agrees that housing fees are an extension of credit for living expenses and are considered an educational debt.
Licensee waives the benefit of any limitations affecting liability or the enforcement thereof to the extent permitted by law. (California Code of Civil Procedures 360.5)

18. Refunds. The University shall authorize refunds only as provided herein or in Title 5 of the California Code of Regulations or other applicable law.

19. Right of Entry. The University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, maintenance, management of applicable rules and regulations, or for any other lawful purpose. University shall exercise these rights reasonably and with respect for Licensee’s right to be free from unreasonable searches and intrusions into study or privacy.

20. Visitors and Guests. Licensee shall permit no visitors or guests to enter University housing facilities except as permitted in Policies and Regulations of this License Agreement.

21. Non Waiver. The waiver of any breach of a term or condition of this License Agreement shall not constitute a waiver of any subsequent breach.

22. Waiver. The waiver by University of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition contained herein. The subsequent acceptance of rent hereunder by University shall not be deemed to be waiver of any preceding breach by Licensee of any term, covenant, or condition of this License Agreement, other than the failure of Licensee to pay the particular rental so accepted, regardless of University’s knowledge of such preceding breach at the time of acceptance of such rent.

23. Hold Harmless. Licensee agrees to indemnify and hold the University harmless from any and all claims arising from Licensee’s use or occupancy that is improper, illegal or a violation of the License Agreement.

24. Taxable Possessory Interest. It is the position of the University that this License Agreement does not create a taxable possessory interest in real property. However, pursuant to Revenue and Taxation Code Section 107.6, Licensee is hereby notified that a taxing authority may take a contrary view and may assess License Agreement.

Guide to Living in the Halls