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RecDoc2025-040037 Regulatory Agreement and Declaration of Restrictive Covenants 112 Vera Avenue
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RecDoc2025-040037 Regulatory Agreement and Declaration of Restrictive Covenants 112 Vera Avenue
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2025-040037
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8/6/2025
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Resident's gross income is at least two (2) times the prospective rent. The Owner, in the reasonable <br />exercise of its discretion, may waive the requirement that the prospective Resident's gross income <br />equal at least two (2) times the prospective rent, and admit prospective Residents with lower gross <br />incomes. <br />(c) To the extent permitted by applicable law including fair housing laws, <br />and unless prohibited by the regulations of the HCD, the United States Department of Housing and <br />Urban Development, CTCAC, or other applicable law, the Owner shall grant a local preference in <br />rental of the Affordable Units to otherwise qualified households pursuant to the Affordable <br />Housing Ordinance. <br />2.5 Lease Provisions. The Owner shall include in leases for all Affordable Units <br />provisions, which authorize the Owner to immediately terminate the tenancy of any household one <br />or more of whose members misrepresented any fact material to the household's qualification as a <br />Very Low -Income Household Low Income Household, or Moderate Income Household, as <br />applicable. Each lease or rental agreement shall also provide that the household is subject to annual <br />certification in accordance with Section 3.1 below, and that, if the household's income increases <br />above the applicable limits for a Very Low -Income Household, Low Income Household, or <br />Moderate Income Household, as applicable, such household's Rent may be subject to increase. <br />2.6 Condominium Conversion. The Owner shall not convert the Development to <br />condominium or cooperative ownership or sell condominium or cooperative conversion rights to <br />the Property during the Term of this Agreement. <br />2.7 Units Available to the Disabled. Owner shall construct the Development to <br />comply with all applicable federal and state disabled persons accessibility requirements including <br />the Federal Fair Housing Act, Title II and/or Title III of the Americans with Disabilities Act of 1990, <br />and Title 24 of the California Code of Regulations, to the extent applicable. <br />ARTICLE 3. <br />INCOME CERTIFICATION AND REPORTING <br />3.1 Income Certification. The Owner will obtain, and complete, as a condition to <br />initial occupancy and maintain on file annually thereafter, income certifications from each <br />Resident renting any of the Affordable Units. The Owner shall make a good faith effort to verify <br />that the income provided by an applicant or occupying household (for all adults age eighteen (18) or <br />older) is accurate by collecting certifications for all sources of income in accordance with the Affordable <br />Housing Program Guidelines. Copies of Resident income certifications shall be available to the City <br />upon request. <br />3.2 Annual Report to City. The Owner shall submit to the City not later than March <br />31 of each calendar year, a compliance report, in a form approved by the City including income <br />and rent data for all Affordable Units, and a report on the status of the waiting list for Affordable <br />Units. The Annual Report shall, at a minimum, include the following information for each <br />Affordable Unit in the Development: (i) unit number; (ii) number of bedrooms; (iii) current rent <br />and other charges; (iv) dates of any vacancies during the previous year; (v) number of people <br />residing in the unit; (vi) total gross household income of Residents; (vii) documentation of source <br />of household income; (viii) lease commencement and termination dates, (ix) initial move -in date, <br />REV: 04-03-25 LF <br />ATTY/AGR.2025.060/112 Vera Ave., L.P. (REGULATORY AGREEMENT & RESTRICTIVE COVENANTS) (Page 9 of 22) <br />
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