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Inst 2007334384
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Inst 2007334384
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Last modified
5/13/2010 12:39:50 PM
Creation date
10/15/2007 3:10:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/9/2007
Recorded Document Type
Regulatory Agreement
Retention
PERM
Document Relationships
Agmt 2007 Estabrook Senior Housing LP etc
(Reference)
Path:
\City Clerk\City Council\Agreements\2007
Inst 2009067181
(Amended by)
Path:
\City Clerk\City Council\Recorded Documents\2009
Inst 2009195594
(Amended by)
Path:
\City Clerk\City Council\Recorded Documents\2009
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such dwelling units shall be in compliance with Section 51.3 of the California Civil Code. <br />2.2 Affordability Requirements. For a term of fifty-five (55) years commencing <br />upon the date of issuance of a final certificate of occupancy for the Project, fifty (50) of <br />the dwelling units in the Project shall be both Rent-Restricted (as defined below) and <br />occupied (or if vacant, available for occupancy) by Eligible Households whose income <br />does not exceed Very Low-Income. A dwelling unit shall qualify as "Rent-Restricted" <br />if the gross rent charged for such unit does not exceed the Qualifying Rent as adjusted <br />for assumed household size in accordance with the applicable provisions of the CRL, <br />the federal HOME Program restrictions, and California Tax Credit Allocation <br />Committee ("TCAC") guidelines. <br />2.3 Rents for Restricted Units. Rents for Restricted Units shall be limited to <br />Qualifying Rents. Notwithstanding the foregoing, no tenant qualifying for a Restricted <br />Unit shall be denied continued occupancy of a unit in the Project because, after <br />admission, such tenant's adjusted income increases to exceed the qualifying limit for <br />such Restricted Unit. A household which at initial occupancy qualifies as Very Low- <br />Income shall be treated as continuing to be of Very Low-Income so long as the <br />household's income does not exceed 140% of 50% of AMl. <br />2.4 Unit Sizes and Design. The Restricted Units shall consist of fifty (50) one- <br />bedroom units. <br />2.5 Manager's Unit. One dwelling unit in the Project may be used as a <br />resident manager's unit; and shall be exempt from the occupancy and rent restrictions <br />set forth in this Agreement. <br />2.6 No Condominium Conversion. Owner shall not convert the Project to <br />condominium or cooperative ownership or sell condominium or cooperative rights to the <br />Project during the term of this Agreement. <br />2.7 Non-Discrimination; Compliance with Fair Housing Laws. <br />2.7.1 Fair Housing. Owner shall comply with state and federal fair <br />housing laws in the marketing and rental of the units in the Project. Owner shall accept <br />as tenants, on the same basis as all other prospective tenants, persons who are <br />recipients of federal certificates or vouchers for rent subsidies pursuant to the existing <br />Section 8 program or any successor thereto. <br />2.7.2 Non-Discrimination. Owner covenants for itself and all persons <br />claiming under or through it, and this Agreement is made and accepted upon and <br />subject to the condition that there shall be no discrimination against or segregation of <br />any person or group of persons on account of any basis listed in subdivision (a) or (d) of <br />Section 12955 of the Government Code, as those bases are defined in Sections 12926, <br />12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and <br />Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, <br />956619-4 5 <br />
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