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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 /> (I) unit fora 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(1/12t) <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 /> II. Rental Agreement. <br /> 2220342.1 Page 3 <br />