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ARTICLE 4.
<br />OPERATION OF THE AFFORDABLE DEVELOPMENT
<br />4.1 Residential Use.
<br />(a) The Development shall be operated only for residential use. No part of the
<br />Development shall be operated as transient housing in which the term of Resident occupancy is
<br />less than thirty (30) days.
<br />(b) All Units in the Development shall be made available to and occupied by
<br />income qualified households that include a "special needs" person, meaning a person with
<br />disabilities that meets the requirements under 24. C.F.R. 5.403, who is in need of services or
<br />would benefit from services to be provided at the Development.
<br />4.2 Taxes and Assessments. The Owner shall pay all real and personal property
<br />taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
<br />withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
<br />manner as to prevent any penalty from accruing, or any line or charge from attaching to the
<br />Development; provided, however, that the Owner shall have the right to contest in good faith,
<br />any such taxes, assessments, or charges. In the event the Owner exercises its right to contest any
<br />tax, assessment, or charge against it, the Owner, on final determination of the proceeding or
<br />contest, shall immediately pay or discharge any decision or judgment rendered against it,
<br />together with all costs, charges and interest. Nothing herein shall prohibit Owner from applying
<br />for and obtaining the welfare tax exemption pursuant to Section 214(g) of the California
<br />Revenue and Taxation Code,
<br />4.3 Nondiscrimination.
<br />(a) Subject to Section 4.1(b), all of the Units shall be available for occupancy
<br />on a continuous basis to members of the general public who are income eligible. Developer shall
<br />not give preference to any particular class or group of persons in renting the Units, except to the
<br />extent that the Units are required to be leased to Extremely Low Income Households, Very Low
<br />Income Households, or Low Income Households, or pursuant to Section 4.1(b) above and
<br />Section 4.5 below. All deeds, leases or contracts made or entered into by Owner, its successors
<br />or assigns, as to any portion of the Property or the Improvements shall contain the following
<br />language:
<br />(1) "There shall be no discrimination against or segregation of any
<br />person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section
<br />12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1,
<br />subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of
<br />the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or
<br />enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person
<br />claiming under or through him or her, establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use, or
<br />occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.
<br />The foregoing covenant shall run with the land.
<br />1199\09\2724482.6 13
<br />Document Number: 2021-146159 Page: 14 of 29
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