Common use of Affordability Requirements Clause in Contracts

Affordability Requirements. 2.1 At all times during the Compliance Period, Owner will provide the following IH Units for the Project: Unit type # of Units Minimum Square Feet MFI 2.2 During the Compliance Period, each IH Unit will be rented or available for rental on a continuous basis to members of the general public, subject only to temporary vacancies or unavailability during cleaning or rehabilitation. Owner shall not give, or allow to be given, any preference to any group or class in renting the IH Units, except to Qualified Tenants. Notwithstanding the foregoing, Owner may establish preferences consistent with housing policy governing non-discrimination, as evidenced by rules or regulations of the Department of Housing and Urban Development, 24 CFR subtitle A and chapters I through XX, HUD Handbook 4350.3. Owner shall not discriminate, or allow discrimination, in the provision of housing on the basis of race, creed, gender, national origin, religion, marital status, sexual orientation, family status, age, disability, or the receipt of public assistance, nor against any tenant who is a parent or legal guardian with whom a child resides or is expected to reside except in the event that the Project (i) is designated exclusively for households, the heads of which are over 62 years of age, or (ii) is designated for households, the heads of which are 55 years of age or older, if the Project meets the requirements of applicable federal law. The Project will conform with Section 807(b) of the Fair Housing Act, Title VIII of the Civil Rights Act as amended by the Fair Housing Amendments Act of 1988, the Housing for Older Persons Act of 1995, and HUD regulations implementing the same. 2.3 PHB and its agents and representatives, upon reasonable notice and subject to applicable landlord tenant law, may, for the purpose of inspection, enter upon the Project at least once every three (3) years to audit compliance with the terms of this Agreement. Inspections may include an audit of IH Program related files such as TICs and other information submitted through the Web Compliance Monitoring System (“WCMS”). Projects that are determined to be in Default may be inspected more frequently until the Project either cures the Default or is released from its IH Program obligations after payment of all applicable penalties, fees, costs, and interest. 2.4 At any time upon request, PHB shall have the right to access and inspect, examine, and make copies of all the books and records of the Owner relevant to the Property’s compliance with the IH Program.