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20051260' <br />the public housing authority provides a statement to the Owner declaring that the <br />tenant's income does not exceed the applicable income limit under Code <br />Section 42(g); <br />(viii) the eligible basis and the Qualified Basis of the building at the end <br />of the first year of the Qualified Project Period; and <br />(ix) the character and use of the nonresidential portion of the building <br />included in the eligible basis of the building under Section 42(d) of the Code (e.g., <br />tenant facilities that are available on a comparable basis to all tenants and for <br />which no separate fee is charged for use of the facilities or facilities reasonably <br />required by the project); <br />(e) that the Authority shall have the right to perform an on -site inspection of <br />the Project throughout the Qualified Project Period, in addition to the requirement that the <br />Owner submit to the Authority each year information on tenant income, supporting <br />documentation and rent for each low- income unit as designated above; <br />(f) the form of lease to be used by the Owner in renting any units in the <br />Project to Qualified Tenants shall provide for termination of the lease and consent by <br />such person to immediate eviction proceedings in accordance with state law for failure to <br />qualify as a Qualified Tenant, as applicable, as a result of any material misrepresentation <br />made by such person with respect to his or her income, the failure to provide supporting <br />income verification or failure by such person to annually update the Certification of <br />Tenant Eligibility and Income Verification; <br />(g) to permit any duly authorized representative of the Authority, the <br />Department of the Treasury or the IRS to inspect the books and records of the Owner <br />pertaining to the incomes of the Qualified Tenants residing in the Project; and <br />(h) throughout the Qualified Project Period, to target rents, to comply with <br />targeted rent levels and to comply all other conditions of targeting as set forth on the <br />Summary Page hereof <br />Section 5. Term of Restrictions. <br />(a) The term of the Occupancy Restriction set forth in Section 4 of this <br />Agreement shall (i) commence on the Occupancy Date and (ii) end on the date which is <br />the Required Number of Years after the Occupancy Date. During the Required Number <br />of Years, the Owner shall not evict or terminate the tenancy of an existing tenant of any <br />Dwelling Unit other than for good cause and shall not increase the gross rent above the <br />maximum allowed under Section 42 of the Code with respect to such Dwelling Unit. <br />(b) Notwithstanding subsection (a) above, the Owner shall comply with the <br />requirements of Section 42(h) of the Code relating to a 1.5 -year extended use period <br />(30 years total); provided, however, that, with respect to any building that is part of the <br />Project, this Agreement shall terminate: <br />8 <br />4924 - 0923 - 5200.1 <br />