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99 �os �5� <br /> property owned by the Borrower and located on, or used in connection with, such buildings, <br /> structures and other improvements constituting the Project. <br /> "Project Site" means the parcel or parcels of real property described in Exhibit A, <br /> which is attached hereto and by this reference incorporated herein,and all rights and appurtenances <br /> thereunto appertaining. <br /> "Qualified LIHTC Tenants" means and includes individuals and families whose <br /> Adjusted Income is equal or less than the Applicable Income Percentage of Median Income for the <br /> County (including adjustments for family size) as elected and determined in accordance with the <br /> Code and Regulations. Tenant income is to be calculated in a manner consistent with the <br /> determination of annual income under Section 8 of the United States Housing Act of 1937, and not <br /> in accordance with the determination of gross income for federal income tax liability. The <br /> determination of whether an individual or family is a Qualified LIHTC Tenant shall be made by the <br /> Borrower upon initial occupancy of a Dwelling Unit in the Project by such Tenant and at least <br /> annually thereafter on the basis of the current income of such occupants. Any Dwelling Unit <br /> occupied by an individual or family who is a Qualified LIHTC Tenant at the commencement of <br /> occupancy shall continue to be treated as if occupied by a Qualified LIHTC Tenant,provided that, <br /> should such Qualified LIHTC Tenant's income subsequently exceed 140%of the applicable income <br /> limit, such tenant shall no longer be a Qualified LIHTC Tenant if, after such determination of <br /> income,but prior to the next determination,any residential Dwelling Unit of comparable or smaller <br /> size is rented to a tenant who is not a Qualified LIHTC Tenant. <br /> "Qualified LIHTC Unit" means a residential Dwelling Unit in the Project occupied, <br /> or occupied most recently,by Qualified LIHTC Tenants. A Dwelling Unit shall not fail to be treated <br /> as Qualified LIHTC Unit merely because it is occupied- <br /> (a) by an individual who is - <br /> (i) a student and receiving assistance under title IV of the Social Security Act, <br /> or <br /> (ii) enrolled in a job training program receiving assistance under the Job Training <br /> Partnership Act or under other similar Federal, State, or local laws, or <br /> (b) entirely by full-time students if such students are- <br /> (i) single parents and their children and such parents and children <br /> are not dependents(as defined in section 152)of another individual, <br /> or <br /> (ii) married and file a joint return. <br /> "Qualified Project Costs" means the Project Costs incurred not earlier than the date <br /> 60 days prior to the Inducement Date which constitute costs of a residential rental project within the <br /> meaning of Section 1.103-8 of the Regulations and which are chargeable to a capital account with <br /> 7 <br />