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RecDoc2023-063043 Housing Affordability Agreement Broadway Plaza
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RecDoc2023-063043 Housing Affordability Agreement Broadway Plaza
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12/19/2023 3:36:48 PM
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Agreement
Doc Num
2023-063043
Rec Date
11/29/2023
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Section 2.4 Marketing and Rental of Units. <br />(a) The Owner shall market the Affordable Units to eligible households at <br />Rents required by Section 2.2, in compliance with the marketing and management plan approved <br />in advance by the City pursuant to Section 5.1 and consistent with this Agreement and the <br />Affordable Housing Ordinance. Owner shall accept as Residents, on the same basis as all other <br />prospective Residents, persons who are recipients of federal certificates or vouchers for rent <br />subsidies pursuant to the existing housing program under Section 8 of the United States Housing <br />Act, or its successor. <br />(b) To the extent permitted by applicable law including fair housing laws, and <br />unless prohibited by the regulations of the HCD or HUD or other applicable law, the Developer <br />shall grant a preference in rental of the Affordable Units to otherwise qualified households: (1) <br />eligible households displaced by any activity (including the exercise of police powers and code <br />enforcement) of the City or as provided in Health and Safety Code Section 33411.3 or by public <br />projects implemented by the City; and (2) to eligible households that live (or have ever lived), <br />work or have been offered work in the City of Redwood City. The preferences set forth in the <br />immediately preceding sentence are required by law. <br />Section 2.5 Condominium Conversion. The Owner shall not convert any of the <br />Affordable Units to condominium or cooperative ownership or sell condominium or cooperative <br />conversion rights to the Affordable Project. <br />Section 2.6 Units Available to the Disabled. Owner shall construct and maintain the <br />Affordable Project to comply with all applicable federal and state disabled persons accessibility <br />requirements including the Federal Fair Housing Act, Section 504 of the Rehabilitation Act of <br />1973, Title II and/or Title III of the Americans with Disabilities Act of 1990, and Title 24 of the <br />California Code of Regulations. <br />Section 2.7 Lease Provisions. The Affordable Developer shall include in leases for all <br />Inclusionary Units provisions which authorize the Affordable Developer to immediately <br />terminate the tenancy of any household one or more of whose members misrepresented any fact <br />material to the household's qualification as an Extremely Low -Income Household, a Very Low <br />Income Household or Low Income Household, as applicable. Each lease or rental agreement <br />shall also provide that the household is subject to annual certification in accordance with Section <br />3.1 below, and that, if the household's income increases above the applicable limits for an <br />Extremely Low -Income Household, a Very Low Income Household or Low Income Household, <br />as applicable, such household's Rent may be subject to increase. <br />Section 2.8 Resident Protections. For the entire Term the Affordable Units shall be <br />subject to the Tenant Protection Act of 2019, Civil Code Section 1946.2 et. Seq. ("Just Cause for <br />Eviction"). Nothing in this section shall abrogate the protections afforded to survivors of <br />violence consistent with the California Code of Civil Procedure Section 1161.3, as amended, and <br />the Violence Against Women Act, Public Law 102-322, as amended, to the extent applicable. <br />Notwithstanding the limitations of California Code of Civil Procedure Section 1161.3, as <br />amended, act or acts constituting domestic violence or sexual assault or stalking against the <br />Resident or a member of Resident's household cannot form the substantial basis of a Just Cause <br />1199\10\3491196.8 10 <br />REV: 10-18-23 SK <br />
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