Common use of Use Requirements Clause in Contracts

Use Requirements. (a) A total of units in the Development are deemed to be “RRLF-Assisted Units”. Each RRLF-Assisted Unit must have the number of bedrooms and be leased at or less than the required relevant Max Rent to a household making not more than the percentage of AMI (adjusted for household size) set forth in Appendix A (Rents Tab for RRLF Use Agreement). (b) If a RRLF-Assisted Unit becomes vacant during the year, that unit must be leased to tenants having a qualifying income at a rent not more than the Max Rent for a unit of that size. (c) Residents will be given at least 30 days’ prior written notice before the implementation of any rent increase, and even if permitted under VHFA’s Affordability Matrix, annual rent increases on existing tenants in RRLF-Assisted Units shall not exceed 3%, or an amount otherwise authorized by the Agency. (d) Mortgagor will have received, upon initial occupancy, tenant income certification and supporting documentation to ensure compliance with subparagraphs (a)-(c) above. (e) Any failure by the Mortgagor to comply with this Agreement or the Guidelines shall, among other things, constitute a default under the RRLF Loan. (f) Mortgagor may not evict any tenant in an RRLF-Assisted Unit other than for good cause. (g) All RRLF-Assisted Units must be available for use by the general public and used on a non-transient basis. (h) Each unit in the Development is, or upon completion of the project will be, suitable for occupancy, taking into account state and local health, safety, and building codes. (i) The Project must meet all applicable accessibility requirements set forth at 24 CFR part 8, which implements section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) implemented at 28 CFR parts 35 and 36, as applicable. Multi-family housing, as defined in 24 CFR 100.201, must also meet all applicable design and construction requirements set forth in 24 CFR 100.205, which implements the Fair Housing Act (42 U.S.C. 3601-3619). (j) The Project must meet all applicable State and local codes, ordinances, or other disaster mitigation requirements (e.g., earthquake, hurricanes, flooding, wild fires), or other requirements as the Department of Housing and Urban Development has established in 24 CFR part 93. (k) If the remaining useful life of one or more major systems is less than the required period of affordability, Mortgagor has established a replacement reserve and Mortgagor will make monthly payments to the reserve that are adequate to repair or replace the systems as needed. Major systems include: structural support; roofing; cladding and weatherproofing (e.g., windows, doors, siding, gutters); plumbing; electrical; heating, ventilation, and air conditioning. (l) Mortgagor shall comply in all respects with requirements of the Violence Against Women Act of 2013. (m) Mortgagor shall not refuse to lease a [RRLF-Assisted] unit in the Development based solely on the tenant’s status as a holder of a Section 8 voucher. (n) Mortgagor shall at all times comply with any Extended Use Agreement or Regulatory Agreement entered into on or about the date hereof with respect to low-income tax credits issued with respect to the Development or other debt obligations owing to Lender with respect to the Development. (o) If the Development is comprised in full or in any part by any building or portion thereof constructed before 1978, ▇▇▇▇▇▇▇▇▇ shall comply in all respects with 24 CFR Part 35. (p) All common areas and facilities, such as swimming pools, or other recreational facilities, parking areas, washer/dryer hookups, and appliances will be provided on a comparable basis without charge to all tenants in the Development. (q) Mortgagor shall pay all RRLF compliance monitoring fees when due as required under the Guidelines.

Use Requirements. (a) A total of units in the Development are deemed to be “RRLF-Assisted Units”. Each RRLF-Assisted Unit must have the number of bedrooms and be leased at or less than the required relevant Max Rent to a household making not more than the percentage of AMI (adjusted for household size) set forth in Appendix A (Rents Tab for RRLF Use Agreement). (b) If a RRLF-Assisted Unit becomes vacant during the year, that unit must be leased to tenants having a qualifying income at a rent not more than the Max Rent for a unit of that size. (c) Residents will be given at least 30 days’ prior written notice before the implementation of any rent increase, and even if permitted under VHFA’s Affordability Matrix, annual rent increases on existing tenants in RRLF-Assisted Units shall not exceed 3%, or an amount otherwise authorized by the Agency. (d) Mortgagor will have received, upon initial occupancy, tenant income certification and supporting documentation to ensure compliance with subparagraphs (a)-(c) above. (e) Any failure by the Mortgagor to comply with this Agreement or the Guidelines shall, among other things, constitute a default under the RRLF Loan. (f) Mortgagor may not evict any tenant in an RRLF-Assisted Unit other than for good cause. (g) All RRLF-Assisted Units must be available for use by the general public and used on a non-transient basis. (h) Each unit in the Development is, or upon completion of the project will be, suitable for occupancy, taking into account state and local health, safety, and building codes. (i) The Project must meet all applicable accessibility requirements set forth at 24 CFR part 8, which implements section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) implemented at 28 CFR parts 35 and 36, as applicable. Multi-family housing, as defined in 24 CFR 100.201, must also meet all applicable design and construction requirements set forth in 24 CFR 100.205, which implements the Fair Housing Act (42 U.S.C. 3601-3619). (j) The Project must meet all applicable State and local codes, ordinances, or other disaster mitigation requirements (e.g., earthquake, hurricanes, flooding, wild fires), or other requirements as the Department of Housing and Urban Development has established in 24 CFR part 93. (k) If the remaining useful life of one or more major systems is less than the required period of affordability, Mortgagor has established a replacement reserve and Mortgagor will make monthly payments to the reserve that are adequate to repair or replace the systems as needed. Major systems include: structural support; roofing; cladding and weatherproofing (e.g., windows, doors, siding, gutters); plumbing; electrical; heating, ventilation, and air conditioning. (l) Mortgagor shall comply in all respects with requirements of the Violence Against Women Act of 2013. (m) Mortgagor shall not refuse to lease a [RRLF-Assisted] unit in the Development based solely on the tenant’s status as a holder of a Section 8 voucher. (n) Mortgagor shall at all times comply with any Extended Use Agreement or Regulatory Agreement entered into on or about the date hereof with respect to low-low income tax credits issued with respect to the Development or other debt obligations owing to Lender with respect to the Development. (o) If the Development is comprised in full or in any part by any building or portion thereof constructed before 1978, ▇▇▇▇▇▇▇▇▇ shall comply in all respects with 24 CFR Part 35. (p) All common areas and facilities, such as swimming pools, or other recreational facilities, parking areas, washer/dryer hookups, and appliances will be provided on a comparable basis without charge to all tenants in the Development. (q) Mortgagor shall pay all RRLF compliance monitoring fees when due as required under the Guidelines.