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5. Assisted Unit Schedule. Subject to Section 8 below, Developer shall cause all Assisted <br />Units to be rented only in accordance with this Agreement and the Schedule of Assisted Units set <br />forth in Exhibit B, attached hereto and incorporated herein. <br />6. Tenant Selection Standards. Subject to Section 8 below, Developer shall cause all <br />Assisted Units in the Development to be rented only to eligible households based on the <br />following schedule: eleven (11) units for Very-Low Income Households. The Assisted Units <br />shall be floating units. <br />7. Rents. <br />a. Subject to Section 8 below, Allowable Rents shall not exceed the following: for <br />Very Low- Income Households - Low HOME Rents. For purposes of computing Rent, the <br />imputed household size shall be 1.5 persons per bedroom. <br />b. Subject to Section 8 below, All Assisted Units must be occupied by Very Low- <br />Income Households paying rents that are 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 all households occupying Assisted Units shall <br />be certified by Developer prior to occupancy and re-certified annually thereafter. <br />b. If upon recertification, Developer determines that a tenant's household income <br />exceeds the upper limit for the income category in which the tenant originally qualified, then <br />subject to compliance with the requirements of other state or federal funding sources, including <br />Section 42 of the Internal Revenue Code, the tenant shall be allowed to remain in occupancy, but <br />upon expiration of the tenant's lease and upon sixty (60) days written notice: (i) if the tenant <br />qualifies as eligible under a different household income category, rent may be charged at the <br />level appropriate for that income level, and (ii) if the tenant's household income exceeds the limit <br />for eligibility under this Agreement, the rent charged to the tenant may be increased to the lesser <br />of one-twelfth (1/12th) of thirty percent (30%) of such tenant's income or fair market rent (but not <br />to exceed the maximum rent permitted pursuant to federal regulations applicable to low income <br />housing tax credits). In each case, the next available comparable unit shall be rented to a <br />household that qualifies under the income category under which the tenant originally qualified. <br />9. [Reserved.] <br />10. Nondiscrimination. Developer shall not discriminate against any prospective tenant in <br />the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of any part of the <br />Development on the basis of race, color, ancestry, national origin, religion, sex, sexual <br />preference, age, marital status, family status, source of income, physical or mental disability, <br />Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC), or any other <br />arbitrary basis. Developer shall otherwise comply with all applicable local, state and federal <br />laws concerning discrimination in housing. Developer agrees to comply, to the extent allowed by <br />law, with any policy adopted by the City for preference for occupancy in the Development for <br />households who live or work in the City. <br />144\221\1488729.2