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201303290 <br /> 19 <br /> b. If the Security Instrument is originally endorsed for insurance under Section 221, <br /> Borrower shall, in selecting tenants, give to displaced persons or families an absolute <br /> preference or priority of occupancy that shall be accomplished as follows: (1) For a <br /> period of sixty (60) days from the date of original offering, unless a shorter period of <br /> time is approved in writing by HUD, all units shall be held for such preferred applicants, <br /> after which time any remaining unrented units may be rented to non-preferred <br /> applicants; (2) thereafter, and on a continuing basis, such preferred applicants shall be <br /> given preference over non-preferred applicants in their placement on a waiting list to be <br /> maintained by Borrower; and (3) through such further provisions agreed to in writing by <br /> the parties to this Agreement. <br /> c. At least 75% of the units in a Project insured under Section 231 shall be <br /> designed for the use and occupancy of Elderly Persons unless prior written approval is <br /> given by HUD for a lesser number of units. <br /> d. All advertising or efforts to rent a project insured under Section 231 shall reflect a <br /> bona fide effort of Borrower to obtain occupancy by Elderly Persons. <br /> 32. RENTS. If the Project is subject to regulation of rent by HUD, HUD will at any <br /> time entertain a written request for a rent increase that is properly supported by <br /> substantiating evidence and HUD will, within a reasonable time: (a) approve a rental <br /> schedule that is necessary to compensate for any net increase, occurring since the last <br /> approved rental schedule, in taxes (other than income taxes) and operating and <br /> maintenance costs over which Borrower has no effective control; or (b) deny the <br /> increase and state the reasons for its decision. <br /> 33. CHARGES FOR SERVICES AND FACILITIES. If the Project is subject to <br /> regulation of rent by HUD, Borrower shall only charge to and receive from any tenant <br /> such amounts as have the prior written approval of HUD and are mutually agreed upon <br /> between Borrower and the tenant for any facilities and/or services not included in the <br /> HUD approved rent schedule that may be furnished by, or on behalf of, Borrower to <br /> such tenant upon request. <br /> 34. PROHIBITION OF CERTAIN FEES. Borrower shall not charge any Project <br /> tenant or prospective Project tenant any fees prohibited under Program Obligations; <br /> such prohibited fees may include an admission fee, a key fee, or similar payment <br /> pursuant to any agreement to furnish residential units or services to persons making <br /> such payments. <br /> 35. SECURITY DEPOSITS AND OTHER FEES. Borrower shall not require as a <br /> condition of occupancy or leasing of any unit in the Project, any consideration or <br /> deposit other than the prepayment of the first month's rent plus a security deposit in an <br /> Previous editions are obsolete; Regulatory Agreement HUD-92466M(Rev.04/11) <br /> Replaces form HUD-92466(11/02) <br />