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Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of Agency. 2.1 Senior Housing. Throughout the Term (as defined in Section 4.1) of this Agreement one hundred forty -one (141) of the dwelling units in the Project shall be restricted for occupancy by households in which at least one member is a person 62 years of age or older. Residency by other persons in such dwelling units shall be in compliance with Section 51.3 of the California Civil Code. 2.2 Affordability Requirements. Throughout the Term of this Agreement no fewer than ninety -eight (98) residential units in the Project shall be both Rent - Restricted (as defined below) and occupied (or if vacant, available for occupancy) by Low - Income Eligible Households in accordance with Exhibit B and no fewer than forty -three (43) residential units shall be both Rent - Restricted (as defined below) and occupied (or if vacant, available for occupancy) by Very Low - Income Eligible Households in accordance with Exhibit B. A dwelling unit shall qualify as "Rent- Restricted" if the gross rent charged for such unit does not exceed the Qualifying Rent as adjusted for assumed household size in accordance with the applicable provisions of the California Community Redevelopment Law ( "CRL ") and California Tax Credit Allocation Committee ( "TCAC ") guidelines; provided however, in the event of a conflict between the CRL and TCAC guidelines, the TCAC guidelines shall govern. Notwithstanding the foregoing, for so long as project -based Section 8 certificates or • vouchers are made available to the Project, 141 of the residential units in the Project shall be both Rent- Restricted and occupied (or if vacant, available for occupancy) by Very Low- income Eligible Households. 2.3 Rents for Restricted Units. Rents for Restricted Units shall be limited to Qualifying Rents. Notwithstanding the foregoing, (i) no tenant occupying a Restricted Unit as of the Effective Date of this Agreement who initially qualified for such Restricted Unit shall be denied continued occupancy of such Restricted Unit because such tenant's adjusted income now exceeds the qualifying limit for such Restricted Unit, and (b) 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 Low- Income or Very Low - Income or shall be treated as continuing to be of Low- Income, or Very Low - Income, as applicable, so long as the household's income does not exceed 140% of the applicable income limit. In the event that such household's income exceeds 140% of the applicable income limit, that household's unit will continue to be considered as satisfying the applicable income limit if the unit remains Rent Restricted, subject to Section 2.3.1. 2.3.1 Rent Increases. If upon recertification of tenant incomes, Owner determines that a tenant's household income has increased and exceeds the applicable qualifying income, but does not exceed the qualifying income limit for the next income category, then, upon expiration of the tenant's lease and sixty (60) days' written notice to the tenant, rent may be increased to the Qualifying Rent for the next applicable household income bracket, subject to any limits imposed by the City of San Leandro Rent Review Board Ordinance or the Marketing and 1538954.5 4