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202208480
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Last modified
12/9/2022 4:20:59 PM
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12/9/2022 4:20:27 PM
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DEEDS
Inst Number
202208480
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202208480 <br />respect to the Qualified Units for a period of three (3) years following the <br />termination or expiration of this Agreement. During such three-year period, <br />the Owner shall not evict or terminate the tenancy of an existing tenant of <br />any Qualified Unit other than for good cause and shall not increase the gross <br />rent above the maximum allowed under Section 42 of the Code with respect <br />to such Qualified Unit (the "Vacancy Decontrol Rule"), regardless of whether <br />the tenant is an existing tenant or a new tenant occupying the Qualified Unit <br />subsequent to the termination of this Agreement. In addition, during such <br />three-year period, the Owner shall accept as tenants, on the same basis as all <br />other prospective tenants, persons who are holders of vouchers or <br />certificates for federal housing assistance payments for existing housing <br />pursuant to Section 8 of the United States Housing Act of 1937 or a successor <br />federal program or similar state or local voucher or certificate program, and, <br />in connection therewith, the Owner will not apply tenant selection criteria to <br />such voucher or certificate holders which are more burdensome than the <br />criteria applied to any other prospective tenants. <br />(d) If the Project experiences financial trouble the Owner may <br />request a waiver from the Authority of the applicable rent restrictions stated <br />on the Summary Page of this Agreement. The right to grant a rent restriction <br />waiver is vested in the Executive Director of the Authority. A waiver will be <br />based on written evidence submitted to the Authority by the Owner which <br />must be evaluated and certified by an independent third -party CPA. The <br />Authority may waive or adjust the rent restrictions stated on the Summary <br />Page for a period not to exceed 36 months. After 30 months, a review by the <br />Authority of the current evidence will be conducted to determine if the waiver <br />should be extended. <br />Conditions justifying a waiver of the rent restrictions include, but are <br />not limited to the following: <br />(i) Extraordinary changes in the operating expenses of the <br />Project; <br />(ii) Capital requirements that are necessary to maintain a safe <br />and sanitary Dwelling Unit, suitable for occupancy; or <br />(iii) A Project lender originates changes to the financial <br />conditions and debt arrangement that substantially impacts the debt <br />service coverage ratio requirements of the Project. <br />15 <br />Final 12/21 <br />
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