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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 federal HOME Program restrictions, and TCAC guidelines, as applicable. 2.3 Rents for Restricted Units. Rents for Restricted Units shall be limited to Qualifying Rents. Notwithstanding the foregoing, 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 Very Low -Income shall be treated as continuing to be of Very Low -Income. In the Event that TCAC no longer publishes income and rent limits for 50% Income Households, the City shall calculate the qualifying rents and income limits in a manner that is reasonably similar to the method used by TCAC. 2.4 Unit Sizes and Design. The Restricted Units shall consist of 32 one -bedroom units and 8 two-bedroom units for Very Low -Income households. 2.5 Manager's Unit. One dwelling unit in the Project may be used as a resident manager's unit, 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 HOME Restrictions. Owner shall comply will all applicable HOME Restrictions as they pertain to the HOME -Assisted Units, as amended and in effect from time to time, of whatever nature. Owner agrees to enter into any modification of this Agreement and/or the Loan Agreement reasonably required by the City to attain compliance with the HOME Restrictions. Developer acknowledges and agrees that it has reviewed the HOME Restrictions in effect as of the execution of this Agreement. From and after the date that is 20 years from the Project Certificate of Occupancy, (a) all HOME Assisted Units shall be considered only Affordable Units and not Home Assisted Units and (b) any and all requirements pertaining to or arising from the HOME funds shall terminate and expire (excepting any record retention requirements). 2.8 Non -Discrimination; Compliance with Fair Housing Laws. (a) 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. (b) 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, 144\259\1892895.5