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2.1 Intentionally omitted. 2.2 AffordabilitYRequirements. For a term of fifty-five (55) years commencing upon the date of issuance of a final certificate of occupancy for the Project, sixty-seven (67) of the dwelling units in the Project shall be both Rent-Restricted (as defined below) and occupied (or if vacant, available for occupancy) by Eligible Households whose income does not exceed Very Low-Income or Extremely Low-Income in accordance with Exhibit B. In the event that recertification of tenant incomes indicates that the number of Restricted Units actually occupied by Eligible Households falls below the number reserved for each income group as specified in this Section and Exhibit B, Developer shall rectify the condition by renting the next available dwelling unit(s) in the Project to Eligible Household(s) until the required income mix is achieved. A dwelling unit shall qualify as "Rent-Restricted" if the gross rent charged for such unit does not exceed the Qualifying Rent for the applicable household income category as set forth in Exhibit B, as adjusted for assumed household size in accordance with California Tax Credit Allocation Committee ("TCAC") guidelines and California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). 2.3 Rents for Restricted Units. Rents for Restricted Units shall be limited to Qualifying Rents. Notwithstanding the foregoing, no tenant qualifying for a Restricted Unit shall be denied continued occupancy of a unit in the Project because, after admission, such tenant's adjusted income increases to exceed the qualifying limit for such Restricted Unit. A household which at initial occupancy qualifies as Very Low-Income or Extremely Low-Income shall be treated as continuing to be of Very Low-Income, or Extremely Low-Income, as applicable, so long as the household's income does not exceed l 40% of the applicable income limit. 2.4 Unit Sizes, Design and Location. The Restricted Units shall consist of sixty-five (65) studio apartments and two (2) one-bedroom units allocated among affordability categories as set forth in Exhibit B. In renting Restricted Units, Developer shall give first preference to persons who occupied the Property prior to its acquisition by the Agency, provided that they meet Developer's tenant qualification criteria as approved by the Agency and shall give a preference to residents of the City of San Leandro, City or school district employees, and persons employed in the City unless compliance with the foregoing criteria is prohibited by law or by state or federal sources of financing for the Project. 2.5 Manager's Unit. One dwelling unit in the Project maybe used as a resident manager's unit, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement. 2.6 No Condominium Conversion. Developer shall not convert the Project to condominium or cooperative ownership or sell condominium or cooperative rights to the Project during the term of this Agreement. 2.7 Non-Discrimination; Compliance with Fair Housin Laws. 2.7.1 Fair Housing,. Developer shall comply with state and federal fair housing laws in the marketing and rental of the units in the Project. Developer shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates soE~9o-6 4