Common use of Management Phase Clause in Contracts

Management Phase. (A) During the Project Term, units in the Project shall not be converted to condominium ownership or to a form of cooperative ownership that is not eligible to receive City-funds for rental projects. (B) During the Project Term, the Owner shall not discriminate against prospective tenants on the basis of their receipt of or eligibility for housing assistance under any federal, State, or local housing assistance program or, except for an elderly housing project or units specifically identified in Section 1.1 of this Agreement as designated for the elderly, on the basis that they have a minor child or children who will be living with them. (C) The number of City-assisted units by bedroom distribution specified in Section 1.1 of this Agreement shall be occupied or available, through the Owner's best efforts, for occupancy by households whose incomes do not exceed the percentage limitations specified in Section 1.1 during the Project Term. (D) Low Income Units shall be leased only to tenants at or below 60% AMI at the time of initial occupancy. (E) Rents and tenant income shall be determined in accordance with HUD regulations at 24 CFR Part 92, Subpart F. (F) In the event that reexamination of household income indicates that the tenant no longer qualifies as a lower income household, the Owner shall take appropriate action in accordance with HUD regulations at 24 CFR Part 92.252(c), Subpart F. (G) The Owner has established a Rent Schedule, which has been approved by the City to assure that the type and number of City-assisted units specified in Section 1.1 of this Agreement are occupied or available for occupancy by low income households during the Project Term. The Rent Schedule may be revised upon request by Owner provided that: (1) the City shall review and approve any schedule or rents proposed by the Owner for low income units; (2) the City and the Owner acknowledge that any rent schedule, which shall include utility allowances, if utilities are tenant paid, submitted by the Owner (within the permissible maximum allowed by the HOME Regulations) will be deemed approved unless the City informs the Owner within 60 days after receiving the schedule and that it is disapproved if the schedule is not consistent with HOME Regulations; and (3) the initial monthly allowance for utilities and services to be paid by low income households shall be as part of the Rent Schedule, with subsequent calculations of this allowance approved by the City in connection with its review and approval of rent schedules. (H) Procedures to be followed by the Owner to determine tenant eligibility and actions to be taken in the event a tenant is determined to be over income have been established and are included in this Agreement as Attachment B. (I) Marketing shall be done in accordance with the Affirmative Fair Housing Marketing Plan, Form HUD-935.2, and all fair housing and equal opportunity requirements. The Affirmative Fair Housing Marketing Plan is included in this Agreement as Attachment C. Local residency preferences will be allowed to the extent that they are not inconsistent with affirmative fair housing marketing objectives and the Owner’s Affirmative Fair Housing Marketing Plan. With respect to any residency preference, persons expected to reside in the community as a result of current or planned employment will be treated as residents. (J) The Project shall be maintained in accordance with the Housing Quality Standards and applicable State and local building codes, rehabilitation standards, ordinances and zoning ordinance or, in the absence of the codes, the Southern Building Code. (K) All management and maintenance functions shall be performed in compliance with applicable equal opportunity requirements, as specified in Section 2.1(F) and

Management Phase. (A) During the Project Term, units in the Project shall not be converted to condominium ownership or to a form of cooperative ownership that is not eligible to receive City-funds HOME Funds for rental projects. (B) During the Project Term, the Owner shall not discriminate against prospective tenants on the basis of their receipt of or eligibility for housing assistance under any federalFederal, State, or local housing assistance program or, except for an elderly housing project or units specifically identified in Section 1.1 of this Agreement as designated for the elderly, on the basis that they have a minor child or children who will be living with them. (C) The number of CityHOME-assisted units by bedroom distribution specified in Section Section 1.1 of this Agreement shall be occupied or available, through the Owner's best efforts, for occupancy by households whose incomes do not exceed the percentage limitations specified in Section 1.1 during the Project Term. (D) Low Income Units shall be leased only to tenants at or below 60% AMI at the time of initial occupancy. (E) Rents and tenant income shall be determined in accordance with HUD regulations at 24 CFR Part 92, Subpart F. (F) In the event that reexamination of household income indicates that the tenant no longer qualifies as a lower income household, the Owner shall take appropriate action in accordance with HUD regulations at 24 CFR Part 92.252(c), Subpart F. (G) The Owner has established a Rent Schedule, which has been approved by the City to assure that the type and number of CityHOME-assisted units specified in Section 1.1 Section 1. 1 of this Agreement are occupied or available for occupancy by low income households during the Project Term. The Rent Schedule may be revised upon request by Owner provided that: (1) the City shall review and approve any schedule or rents proposed by the Owner for low income units; (2) the City and the Owner acknowledge that any rent schedule, which shall include utility allowances, if utilities are tenant paid, submitted by the Owner (within the permissible maximum allowed by the HOME Regulations) will be deemed approved unless the City informs the Owner within 60 days after receiving the schedule and that it is disapproved if the schedule is not consistent with HOME Regulations; and (3) the initial monthly allowance for utilities and services to be paid by low income households shall be as part of the Rent Schedule, with subsequent calculations of this allowance approved by the City in connection with its review and approval of rent schedules. (H) Procedures to be followed by the Owner to determine tenant eligibility and actions to be taken in the event a tenant is determined to be over income have been established and are included in this Agreement as Attachment B. (I) Marketing shall be done in accordance with the Affirmative Fair Housing Marketing Plan, Form HUD-935.2, and all fair housing and equal opportunity requirements. The Affirmative Fair Housing Marketing Plan is included in this Agreement as Attachment C. Local residency preferences will be allowed to the extent that they are not inconsistent with affirmative fair housing marketing objectives and the Owner’s Affirmative Fair Housing Marketing Plan. With respect to any residency preference, persons expected to reside in the community as a result of current or planned employment will be treated as residents. (J) The Project shall be maintained in accordance with the Housing Quality Standards and applicable State and local building codes, rehabilitation standards, ordinances and zoning ordinance or, in the absence of the codes, the Southern Building Code. (K) All management and maintenance functions shall be performed in compliance with applicable equal opportunity requirements, as specified in Section 2.1(F) and