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percent (60 %) of AMI adjusted for actual household size, rent may be increased to the lesser of (A) the fair market rent for the unit, or (B) the greater of thirty percent (30 %) of the tenant's actual household income or the Qualifying Rent. 2.3.2 Notice of Affordability Restrictions on Transfer of Propert y Pursuant to the requirements of the CRL, Owner and Agency shall execute a Notice of Affordability Restrictions on Transfer of Property substantially in the form attached hereto as Exhibit C , and shall cause such notice to be recorded in the Official Records of Alameda County substantially concurrently with the recordation of this Agreement. 2.4 Unit Sizes and Design The Restricted Units shall consist of one hundred forty - one (14 1) one - bedroom units, allocated among affordability categories as set forth in Exhibit B . In renting Restricted Units, Owner shall give first preference to residents of the City of San Leandro, City or school district employees, and persons employed in the City of San Leandro unless compliance with the foregoing criteria is prohibited by law or by Project financing sources. 2.5 Manager's Unit Two two- bedroom dwelling units in the Project may be used as resident manager's units, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement. 2.6 No Condominium Conversion Owner 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 Housing Laws 2.7.1 Fair Housing Owner shall comply with state and federal fair housing laws in the marketing and rental of the units in the Project. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 2.7.2 Non - Discrimination Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or the Project or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or the Project or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 1538954.2 5