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Number of Bedrooms Assumed Household Size Studio I One 1.5 Two 3 Three 4.5 Section 2.3 Increased Income of Residents. (a) Extremely Low -Income Household to Very Low- or Low -Income Household. If, upon recertification of a Household's Income, the Affordable Developer determines that a former Extremely Low -Income Household's Income has increased and exceeds the qualifying income for an Extremely Low -Income Household but does not exceed the qualifying limit for a Very Low -Income Household or Low -Income Household, then, upon expiration of the Resident's lease_ term: (l) such Resident's unit may be considered a Very Low -Income Unit or Low -Income Unit, as applicable; (2) such Resident's Rent may be increased to a Very Low -Income Rent or a Low -Income Rent, as applicable, upon six (6) months prior written notice to the Resident; and (3) the Affordable Developer shall rent the next available Very Low -Income or Low -Income Unit, as applicable, of comparable size to an Extremely Low -Income Household at an Extremely Low -Income Rent. (b) Very Low -Income Household to Low -Income Household. If, upon recertification of a Household's Income, the Affordable Developer determines that a former Very Low -Income Household's Income has increased and exceeds the qualifying income for a Very Low -Income Household but does not exceed the qualifying limit for a Low -Income Household, then, upon expiration of the Resident's lease term: (1) such Resident's unit may be considered a Low -Income Unit; (2) such Resident's Rent may be increased to a Low -Income Rent, upon six (6) months prior written notice to the Resident; and (3) the Affordable Developer shall rent the next available Low -Income Unit of comparable size to a Very Low -Income Household at a Very Low - Income Rent. (c) Non -Qualifying Household. If, upon recertification of a Household's Income, the Affordable Developer determines that a former Extremely Low -Income Household, Very Low -Income Household or Low -Income Household has a Household Income exceeding the maximum qualifying income for a Low -Income Household by more than ten percent (10%), such Resident shall be permitted to continue occupying the unit and upon expiration of the Resident's lease and upon six (6) months prior written notice, the Resident may continue to reside in the unit and the Rent may be increased to the lesser of one -twelfth (1/12 1h) of thirty percent (30%) of actual adjusted income of the Resident, or fair market rent. Affordable Developer shall rent the next available Unit to an Extremely Low Income Household, a Very Low Income Household or a Low Income Household as applicable to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2. The parties hereto agree that, notwithstanding any increase in a Resident's income, such Resident may only be evicted from their unit for cause consistent with the requirements set forth in Section 1946.2 of the California Civil Code, ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREE MENT —EMB ITG— RESTRICTIVE COVENANTSAGR REV; 10-22-24 VR Page 9 of 41