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ARTICLE 4.
<br />OPERATION OF THE AFFORDABLE PROJECT
<br />4.1 Residential Use. The Project shall be operated only for residential use. No part
<br />of the Project shall be operated as transient housing in which the term of Resident occupancy is
<br />less than thirty (30) days.
<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 />Project; provided, however, that the Owner shall have the right to contest in good faith, any such
<br />taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
<br />assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
<br />shall immediately pay or discharge any decision or judgment rendered against it, together with
<br />all costs, charges and interest. Nothing herein shall prohibit Owner from applying for and
<br />obtaining the welfare tax exemption pursuant to Section 214(g) of the California Revenue and
<br />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. Owner 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 4.5 below. All deeds,
<br />leases or contracts made or entered into by Owner, its successors or assigns, as to any portion of
<br />the Property or the Improvements shall contain the following 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 />(2) Notwithstanding the preceding paragraph, with respect to familial
<br />status, the preceding paragraph shall not be construed to apply to housing for older persons, as
<br />defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in
<br />the preceding paragraph 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 the preceding paragraph."
<br />REV: 01-19-2022 SK
<br />ATTY/AGR.2022.005/GS HIP 1304 ECR, LP (Page 10 of 23)
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