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lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor <br />shall Owner or any person claiming under or through Owner establish or permit any such <br />practice or practices of discrimination or segregation with reference to the selection, location, <br />number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the <br />Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and <br />other instruments executed by Owner, and shall enforce the same diligently and in good faith. <br />Notwithstanding the foregoing, with respect to familial status, nothing herein shall <br />be construed to apply to housing for older persons, as defined in Section 12955.9 of the <br />Government Code nor shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and <br />799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 <br />and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the <br />Government Code shall apply to this Section. <br />3. Renortine Requirements. <br />3.1 Tenant Certification. Owner or Owner's authorized agent shall obtain from each <br />household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, <br />a written certificate containing all of the following in such format and with such supporting <br />documentation as City may reasonably require: <br />(a) The identity and age of the residents in the dwelling unit or such other <br />information reasonably required to demonstrate compliance with Section 2.1 above; and <br />(b) Total household income. <br />Owner shall retain such certificates for not less than three (3) years, and upon City's request, <br />shall make the originals available for inspection by City and shall provide copies of such <br />certificates to City. <br />3.2 Annual Report; Inspections. Owner shall submit an annual report ("Annual <br />Report") to the City in form satisfactory to City, together with a certification that the Project is <br />in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, <br />include the following information for each dwelling unit in the Project: (i) unit number; (ii) <br />number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the <br />previous year; (v) number of people residing in the unit; (vi) total household income of residents; <br />(vii) documentation of source of household income; and (viii) the information required by <br />Section 3.1. <br />Upon City's request, Owner shall include with the Annual Report, an income <br />recertification for each household, documentation verifying tenant eligibility, and such additional <br />information as City may reasonably request from time to time in order to demonstrate <br />compliance with this Agreement. The Annual Report shall conform to the format requested by <br />City; provided however, during such time that the Project is subject to a regulatory agreement <br />restricting occupancy and/or rents pursuant to requirements imposed in connection with the use <br />of federal low-income housing tax credits or tax-exempt financing, Owner may satisfy the <br />144\259\1892895.5 <br />