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5. Assisted Unit Schedule. Subject to Section 8 below, Developer shall cause Assisted Unit to be <br />rented only in accordance with this Agreement and the Schedule of the Assisted Unit set forth in <br />Exhibit B, attached hereto and incorporated herein. <br />6. Tenant Selection Standards. Subject to Section 8 below, Developer shall cause the Assisted Unit <br />in the Development to be rented only to eligible households based on the following schedule: one <br />(1) unit for a Very -Low Income Household. <br />7. Rents. <br />a. Subject to Section 8 below, Allowable Rents shall not exceed the following: for Very <br />Low- Income Households - Low HOME Rents. For purposes of computing Rent, the imputed <br />household size shall be 1.5 persons per bedroom. <br />b. Subject to Section 8 below, the Assisted Unit must be occupied by a Very Low - <br />Income Household paying rent that is no greater than the Low HOME Rents. <br />8. Certification of Tenant Income and Household Size: Increased Income. <br />a. The income and household size of the household occupying Assisted Unit shall be <br />certified by Developer prior to occupancy and re -certified annually thereafter. <br />b. If upon recertification, Borrower determines that a tenant's household income <br />exceeds the upper limit for the income category in which the tenant originally qualified, then subject <br />to compliance with the requirements of other state or federal funding sources, including Section 42 <br />of the Internal Revenue Code, the tenant shall be allowed to remain in occupancy, but upon <br />expiration of the tenant's lease and upon sixty (60) days written notice: (i) if the tenant qualifies as <br />eligible under a different household income category, rent may be charged at the level appropriate <br />for that income level, and (ii) if the tenant's household income exceeds the limit for eligibility under <br />this Agreement, the rent charged to the tenant may be increased to the lesser of one -twelfth (1/12th) <br />of thirty percent (30%) of such tenant's income or fair market rent (but not to exceed the maximum <br />rent permitted pursuant to federal regulations applicable to low income housing tax credits). In each <br />case, the next available comparable unit shall be rented to a household that qualifies under the <br />income category under which the tenant originally qualified. <br />9. [Reserved.] <br />10. Nondiscrimination. Developer shall not discriminate against any prospective tenant in the use, <br />enjoyment, occupancy, conveyance, lease, sublease, or rental of the Assisted Unit on the basis of <br />race, color, ancestry, national origin, religion, sex, sexual preference, age, marital status, family <br />status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome <br />(AIDS) or AIDS-related conditions (ARC), or any other arbitrary basis. Developer shall otherwise <br />comply with all applicable local, state and federal laws concerning discrimination in housing. <br />Developer agrees to comply, to the extent allowed by law, with any policy adopted by the City for <br />preference for occupancy in the Assisted Unit for households who live or work in the City. <br />11. Rental Agreement. <br />2220342.1 Page 3 <br />