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<br />ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B <br />REV: 05-04-26 LF <br />Page 61 of 86 <br />applicant for occupancy of an Affordable Unit or be grounds for termination of Qualifying <br />Household’s occupancy of an Affordable Unit. <br />2.8.3 If, upon any recertification, the income of a previously Qualifying <br />Household is less than one hundred forty percent (140%) of the appropriate income level for the <br />applicable Affordable Unit as adjusted for household size, then such household shall continue to <br />be deemed a Qualifying Household under this Regulatory Agreement. If, upon any recertification, <br />the income of a previously Qualifying Household exceeds one hundred forty percent (140%) of <br />Lower Income as adjusted for household size, then, to the extent allowed by Law, the Owner shall <br />notify such household that its lease for its Affordable Unit will not be renewed upon the expiration <br />of its lease, unless the household again becomes a Qualifying Household upon recertification prior <br />to the expiration of its lease. <br />2.8.4 The Owner shall maintain on file all Income Certification Forms <br />completed by applicants for occupancy of Affordable Units and by Qualifying Households that <br />occupied or are occupying Affordable Units in accordance with this Regulatory Agreement and <br />shall provide copies of the rent roll and Income Certification Forms to the City for its review and <br />approval within fifteen (15) days following Notice to the Owner. <br />2.8.5 The Owner shall, and the Owner shall make best efforts to cause each <br />Qualifying Household occupying an Affordable Unit to, permit the City to conduct inspections of <br />the Property, the Development and each Affordable Unit, from time-to-time, for purposes of <br />verifying compliance with this Regulatory Agreement, upon fifteen (15) days prior written notice <br />to the Owner. <br />2.8.6 Within thirty (30) days of recordation of this Regulatory Agreement, <br />and thereafter on each April 30 during the Term and within sixty (60) days following the expiration <br />of the Term, the Owner shall submit an Annual Report to the City. The City shall maintain the <br />confidentiality of the information contained in any Annual Report specifically relating to any <br />particular Qualifying Household occupying an Affordable Unit, to the extent reasonably allowed <br />by law, as determined by the City’s general or special counsel. <br />2.9 Owner Covenant Regarding Lease of Affordable Units. The Owner, for itself, its <br />successors and assigns, covenants and agrees that, if any Affordable Unit is rented or leased during <br />the Term, the rental or lease of the Affordable Unit shall be accomplished through a written lease <br />agreement and all of the following restrictions shall apply: <br />2.9.1 A Qualifying Household shall be the record tenant and only occupant of <br />the Affordable Unit. <br />2.9.2 The Owner shall provide a legible copy of this Regulatory Agreement <br />to each prospective tenant of any Affordable Unit, upon request by such tenant. <br />2.9.3 The lease for each Affordable Unit shall expressly state that it is subject <br />and subordinate to this Regulatory Agreement and shall incorporate each and every provision of <br />this Regulatory Agreement, either expressly or by reference. <br />2.9.4 The lease for each Affordable Unit shall be for a period of not less than