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200605646 (a) Owners shall make dwelling accommodations and services ofthe project available to occupants at charges not exceeding those established in accordancc with a rental schedule approved in writing by the Secretary. Accommodations shall not be rented for a period of less than thirty (30) days, or, unless the mortgage is insured under Section 231, for more that three years. Commercial facilities shall be rented for such use and upon such terms as approved by the Secretary. Subleasing of dwelling accommodations, except for subleases of single dwelling accommodations by the tenant thereof, shall be prohibited without prior written approval of Owners and the Secretary and any lease shall so provide. Upon discovcry of any unapproved sublease, Owners shall immediately demand cancellation and notifY the Secrctary thereof. (b) Upon prior written approval by the Secretary, Owners may charge to an rcceive trom any tenant such amounts as from time to time by mutually agreed upon between the tenant and the Owners for any facilities and/or services which may be furnished by the Owners or others to such tenant upon his/her request, in addition to the facilities and services included in the approval rental schedule. (c) The secretary will at any time entertain a written request for a rent increase properly supported by substantiating evidence and within a reasonable time shall: i) Approve a rental schedule that is necessary to compensate for any net increase, occurring sincc the last approved rental schedule, in taxes (other than income taxes) an operating and maintenance cost over which Owners have no effective control, or ii) Deny the increase stating the reasons therefor. 5. (a) The criteria governing eligibility of tenants for admission to Section 8 units and conditions of continued occupancy shall be in accordance with the Housing Assistance Payments Contract. (b) The maximum rent for each Section 8 unit is stated in the Housing Assistance Payments Contract and adjustments in such rents shall be made in accordance with the terms of the Housing Assistance Payments Contract. (c) Nothing contained herein shall be construed to relieve the Owners of any obligations under the Housing Assistance Payments Contract. 6. (a) Ifthe mortgage is originally a Secretary-held purchase money mortgage, or is originally endorsed for insurance under any Section other than Section 231, Owners shall not in selecting tenants discriminate against any pcrson or persons by reason ofthc fact that there are children in the family. In the event the mortgage is insured under Section 231, Owners will give preference or priority of opportunity to occupy its dwelling accommodations to elderly persons and handicapped persons ad defined in the HUD Regulations. b) If the mortgage is originally endorsed for insurance under Section 221, Owners shall in selecting tenants give to other-wise eligible displaced persons or families an absolute preference or priority of occupancy which shall be accomplished as follows: 1) For a period of sixty (60) days from the date of original offering, unless a shorter period oftime is approved in writing by the Secretary, all unites shall be held for such preferred applicants, aftcr which time any unrcnted unit may be rented to non-preferred applicants; after which time any unrented units may be rented to non-preferred applicants; and 2) Thereafter, and on a continuing basis, such preferred applicants shall bc given preference over non- preferrcd applicants in their placement on a waiting list to be maintained by the Owners; and 3) Notwithstanding the provisions of paragraphs (1) and (2), for 30% ofthc Section 8 units, the Section 221 or Section 231 occupancy preference shall be accorded only to those individuals qualifYing as very low income as specified in the Housing Assistance Paymcnts Contract. c) Without the prior written approval of the Secrctary not more that 25% of the number of units in a project insured under Section 231 shall be occupied by persons other than elderly persons. d) ^Il advertising or efforts to rent a project insured under Section 231 shall reflect a bona fide effort of the Owners to obtain occupancy by elderly pcrsons. 7. Nonprofit Owners agree that no dividends of any nature whatsoever will be paid on the capital stock issued by the corporation. 2