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99 �0685 � shall be denied continued occupancy because,after admission,the Qualified LIHTC Tenant's family income exceeds the applicable qualifying income level set forth in the definition of "Qualified LIHTC Tenant" herein. The Borrower shall at all times during the Qualified Proj ect Period(LIHTC)maintain the percentage requirements of this Regulatory Agreement by providing the next available Dwelling Units of comparable or smaller size to Qualified LIHTC Tenants as needed to achieve compliance with the foregoing requirements. If necessary,the Borrower shall refrain from renting Dwelling Units in the Project to persons other than Qualified LIHTC Tenants in order to avoid violating the requirement that at all times during the Qualified Project Period (LIHTC) at least the Applicable Set-Aside Percentage (LIHTC) of the completed Dwelling Units in the Project shall be both a Rent Restricted Unit and occupied by Qualified LIHTC Tenants. (e) At all times during the Qualified Project Period (Bonds), to maintain the Dwelling Units in the Project not required to be occupied by Low Income Tenants or Qualified LIHTC Tenants for occupancy by Moderate Income Tenants. (� The Borrower will obtain, complete and maintain on file Income Certifications from each Low Income Tenant, Qualified LIHTC Tenant and Moderate Income Tenant residing in the Project, including (a) an Income Certification dated immediately prior to the initial occupancy of such Low Income Tenant, Qualified LIHTC Tenant or Moderate Income Tenant in the Project and (b) thereafter, with respect to such Tenants, annual Income Certifications (obtained and updated each year during occupancy by such Tenants), each of which must be filed with the Issuer in accordance with this Regulatory Agreement. The Borrower will obtain such additional information as may be required in the future by the Issuer and by Sections 42 and 142(d) of the Code, as the same may be amended from time to time,or in such other form and manner as may be required by applicable rules,rulings,policies,procedures,Regulations or other official statements now or hereafter promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service with respect to Section 42 of the Code or obligations which are Tax-exempt under Section 142(d) of the Code. Beginning upon the commencement of the Qualified Project Period (Bonds) or the Qualified Project Period (LIHTC), whichever is earlier, a copy of the most recent Income Certification for Tenants commencing or continuing occupation of a Dwelling Unit(and not previously filed with the Issuer)shall be filed with the Issuer at the same time as the filing described in paragraph(h)below(or such other period and date as specified by the Issuer)until the end of the Qualified Project Period (Bonds) or the Qualified Project Period (LIHTC), whichever is later. The Borrower shall verify that the income information provided by an applicant in an Income Certification is accurate by taking one or more of the following steps as part of the verification process: (i) obtain a pay stub for the most recent pay period, (ii) obtain an income t�return for the two most recent tax years,(iii)conduct a credit/income history(i.e.,through TRV�or similar search or (iv) contact the applicant's current employer, and any additional inquiries or documentation that the Issuer shall deem relevant or other forms of independent verification satisfactory to the Issuer. 15