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publish notices of the availability of Target Units according to guidelines established by the Approval Authority; 3. Annual Report. The owner shall submit an annual report summarizing the occupancy of each Inclusionary Unit for the year, demonstrating the continuing income-eligibility of the tenant. The City Manager may require additional information if he or she deems it necessary; 4. Subsequent Rental to Income-Eligible Tenant. The owner shall apply the same rental temis and conditions to tenants of Target Units as are applied to all other tenants, except as required to comply with this Article (for example, rent levels, occupancy restrictions and income requirements) or with other applicable government subsidy programs. Discrimination against persons receiving housing assistance is prohibited; 5. Changes in Tenant Income. If, after moving into a Target Unit, a tenant's Household income exceeds the limit for that unit, the tenant Household may remain in the unit as long as his or her Household income does not exceed 140 percent of the income limit. Once the tenant's income exceeds 140 percent of the income limit, the following shall apply: a). If the tenant's income does not exceed the income limits of other Target Units in the Residential Development, the owner may, at the owner's option, allow the tenant to remain in the original unit and redesignate the unit as affordable to Households of a higher income level, as long as the next vacant unit is re-designated for the income category previously applicable to the tenant's Household. Otherwise, the tenant shall be given one year's notice to vacate the unit. If during the year, a Target Unit becomes available and the tenant meets the income eligibility for that unit, the owner shall allow the tenant to apply for that unit; b). If there are no units designated for a higher income category within the Development that maybe substituted for the original unit, the tenant shall be given one year's notice to vacate the unit. If within that year, another unit in the Residential Development is vacated, the owner, at the owner's option, may allow the tenant to remain in the original unit and raise the tenant's rent to market-rate and designate the newly vacated unit as a Target Unit affordable at the income-level previously applicable to the unit converted to market rate. The newly vacated unit must be comparable in size (for example, number of bedrooms, bathrooms, square footage, etc.) as the original unit. ORDINANCE NO. 2004-017 10