Laserfiche WebLink
200109053 <br />(e) at all times during the Qualified Project Period (Bonds), to maintain the Dwelling <br />Units in the Project not required to be occupied by Low Income Tenants or Qualified LIHTC <br />Tenants for occupancy by Moderate Income Tenants; <br />(f) the Borrower will obtain, complete and maintain on file Income Certifications <br />from each Low Income Tenant, Qualified LIHTC Tenant and Moderate Income Tenant residing in <br />the Project, including (i) an Income Certification dated immediately prior to the initial occupancy <br />of such Low Income Tenant, Qualified LIHTC Tenant or Moderate Income Tenant in the Project <br />and (ii) thereafter, with respect to such Tenants, annual Income Certifications (obtained and <br />updated each year during occupancy by such Tenants), each of which must be filed with the <br />Issuer in accordance with this Regulatory Agreement. The Borrower will obtain such additional <br />information as may be required in the future by the Issuer and by Sections 42 and 142(d) of the <br />Code, as the same may be amended from time to time, or in such other form and manner as may <br />be required by applicable rules, rulings, policies, procedures, Regulations or other official <br />statements now or hereafter promulgated, proposed or made by the Department of the Treasury or <br />the Internal Revenue Service with respect to Section 42 of the Code or obligations which are <br />Tax - exempt under Section 142(d) of the Code. A copy of the most recent Income Certification <br />for Tenants commencing or continuing occupation of a Dwelling Unit (and not previously filed <br />with the Issuer) shall be attached to the Monthly Tenant Report which, beginning upon the <br />commencement of the Qualified Project Period (Bonds) or the Qualified Project Period ( LIHTC), <br />whichever is earlier, is to be filed with the Issuer no later than the fifteenth day of each month (or <br />such other period and date as specified by the Issuer) until the end of the Qualified Project Period <br />(Bonds) or the Qualified Project Period ( LIHTC), whichever is later. The Borrower shall verify <br />that the income information provided by an applicant in an Income Certification is accurate by <br />taking one or more of the following steps as part of the verification process: (1) obtain a pay stub <br />for the most recent pay period, (2) obtain an income tax return for the two most recent tax years, <br />(3) conduct a credit/income history (i.e., through TRW) or similar search or (4) contact the <br />applicant's current employer, and any additional inquiries or documentation that the Issuer shall <br />deem relevant or other forms of independent verification satisfactory to the Issuer; <br />(g) the Borrower will maintain complete and accurate records pertaining to the <br />occupancy of the Dwelling Units by Low Income Tenants, Qualified LIHTC Tenants and <br />Moderate Income Tenants and will permit any duly authorized representative of the Issuer, the <br />Trustee, the Department of the Treasury or the Internal Revenue Service to inspect the books and <br />records of the Borrower pertaining to the Project, including those records pertaining to the <br />occupancy of the Dwelling Units. The Issuer shall have the right to perform an on -site inspection <br />of the Project throughout the Qualified Project Period (Bonds) and the Qualified Project Period <br />( LIHTC), in addition to the requirement that the Borrower submit to the Issuer information on <br />tenant income, supporting documentation and rent for each Low Income Unit, Qualified LIHTC <br />Unit and Moderate Income Unit as described herein; <br />(h) the Borrower will prepare and submit to the Issuer and the Trustee (i) not later <br />than January 15 of each year following the first year in which 10% of the Dwelling Units in the <br />Project are occupied, until the end of the Qualified Project Period (Bonds), a Certificate of <br />Continuing Program Compliance (Bonds) executed by the Borrower stating the percentage of the <br />Dwelling Units of the Project which were occupied or deemed occupied, pursuant to <br />paragraph (b) of this Section 4, by Low Income Tenants during such period and (ii) not later than <br />January 15 of each year following the first year in which 10% of the units in the Project are <br />occupied, until the end of the Qualified Project Period ( LIHTC), a Certificate of Continuing <br />-12- <br />