RecDoc2023-063043 Housing Affordability Agreement Broadway Plaza

Browse Search

for Eviction to terminate the tenancy of the victim of such acts. A member of a Resident household may raise such facts as an affirmative defense to an action terminating the tenancy. For a termination to qualify as a Just Cause for Eviction, the Developer shall demonstrate any of the circumstances with respect to a termination of tenancy in Civil Code Section 1946.2(b). ARTICLE 3 INCOME CERTIFICATION AND REPORTING Section 3.1 Income Certification. The Owner will obtain, and complete, as a condition to initial occupancy and maintain on file annually thereafter, income certifications from each Resident renting any of the Affordable Units. The Owner shall make a good faith effort to verify that the income provided by all applicants or Residents (for all adults age eighteen (18) or older) in an income certification is accurate by taking two or more of the following steps as a part of the verification process: (a) obtain a minimum of the three (3) most current pay stubs; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency check or similar search; (d) obtain the three (3) most current savings and checking account bank statements; (e) obtain an income verification form from the applicant's current employer; (f) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (g) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of Resident income certifications shall be available to the City upon request. Section 3.2 Reporting „and Audits. The Owner shall submit to the City, not later than the sixtieth (60th) day after the close of each calendar year, a compliance report, in a form approved by the City, summarizing the income information of each Resident and occupancy status of each Affordable Unit. In addition, the City or any designated agent or employee of the City at any time shall be entitled to audit all Owner's books, records (including tenant files), and accounts pertaining solely to the Affordable Units. Such audit shall be conducted during normal business hours, upon at least two (2) business days prior written notice, at the principal place of business of Owner and other places where records are kept. Section 3.3 Additional Information. Within fifteen (15) days after receipt of a written request, Owner shall provide any additional information reasonably requested by the City relating solely to the Affordable Units. The City shall have the right to examine and make copies of all books, records or other documents of Owner which pertain to the Affordable Units. The City shall notify Owner of any records it deems insufficient. Owner shall have thirty (30) days after the receipt of such a notice to correct any deficiency in the records specified by the City in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct the deficiency, then the Owner shall begin to correct the deficiency within thirty (30) days and correct the deficiency as soon as possible. Section 3.4 Records. Owner shall maintain complete, accurate and current records, books and accounts pertaining to Affordable Project, and shall permit any duly authorized representative of the City to inspect records, including but not limited to records pertaining to income and household size of Residents of Affordable Units. All Resident lists, applications and waiting lists relating to the Affordable Units shall at all times be kept separate and identifiable from any other business of Owner and shall be maintained as required by the City, in a reasonable condition for proper audit and subject to examination during business hours upon at 1199\10\3491196.8 11 REV: 10-18-23 SK