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200001390 <br />on a non - transient basis (except for transitional housing for the homeless or single -room <br />occupancy units provided under Section 42(i)(3)(B)(iii) and (iv) of the Code) for the <br />Qualified Project Period; <br />(h) that the Dwelling Units in the Project shall be leased and rented to <br />members of the general public in compliance with the Code and this Agreement, except <br />for any units rented under the housing program pursuant to Section 8 of the United States <br />Housing Act of 1937, as amended, which will be leased to eligible tenants in accordance <br />with the constraints and regulations of such housing program; <br />(i) that the Project shall consist of one or more proximate buildings or <br />structures located on a single tract of land which have similarly constructed units <br />financed pursuant to a common plan (unless the Project qualifies as a scattered site <br />project under Section 42(g)(7) of the Code), together with functionally related and <br />subordinate facilities which shall be owned by the Owner or a Related Person; <br />0) that the Owner shall not discriminate on the basis of race, creed, color, <br />sex, age, handicap, marital status or national origin in the lease, use or occupancy of the <br />Project or in employment of persons for the operation and management of the Project; <br />(k) that the Owner will accept as tenants, on the same basis as all other <br />prospective tenants, persons who are holders of vouchers or certificates for federal <br />housing assistance payments for existing housing pursuant to Section 8 of the <br />United States Housing Act of 1937 or a successor federal program, and, in connection <br />therewith, the Owner will not apply tenant selection criteria to such voucher or certificate <br />holders which are more burdensome than the criteria applied to any other prospective <br />tenants; <br />(1) that the Owner will not discriminate against prospective tenants on the <br />basis of their receipt of, or eligibility for, housing assistance under any federal, state or <br />local program or on the basis that they have a minor child or children living with them; <br />(m) that the Owner will not knowingly take or permit to be taken any action <br />which would have the effect, directly or indirectly, of subjecting the Owner of the Project <br />to noncompliance with Section 42 of the Code and the Regulations; <br />(n) that the Owner (1) will not dispose to any person any portion of the <br />Project to which this Agreement applies unless all of the Project is disposed of to such <br />person and (2) may sell, transfer or exchange the entire Project at any time, but the <br />Owner shall notify in writing and obtain the agreement of any buyer or successor or other <br />person acquiring the Project or any interest therein that such acquisition is subject to the <br />requirements of this Agreement. The Owner shall promptly notify the Authority of such <br />transfer. This provision shall not act to waive any other restriction on such sale, transfer <br />or exchange; and <br />(o) that the Owner (or its property manager with respect to the Project) shall <br />attend in each year of the Qualified Project Period at least one of the property <br />management /compliance monitoring sessions sponsored by the Authority. <br />01 -235377.02 5 <br />