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200810446
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Last modified
12/30/2008 8:34:23 AM
Creation date
12/29/2008 4:29:36 PM
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DEEDS
Inst Number
200810446
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<br />200810446 <br /> <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 /> <br />(b) Notwithstanding subsection (a) above, the Owner shall comply with the <br />requirements of Section 42(h) of the Code relating to a I5-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 /> <br />(1) on the date such building is acquired by foreclosure or instrument <br />in lieu of foreclosure (including a deed of trust); or <br /> <br />(2) after the expiration of the Qualified Contract Required Number of <br />Years, if the Owner has properly requested in accordance with Code <br />Section 42(h)(6) that the Authority assist in procuring a qualified contract for the <br />acquisition of the low-income portion of such building and the Authority is unable <br />to present a qualified contract one year after the date the written request was <br />submitted to the Authority. <br /> <br />In the event foreclosure proceedings are initiated, the Authority shall receive notice of <br />such foreclosure no less than 15 days prior to such foreclosure. <br /> <br />(c) Notwithstanding subsections (a) and (b) above, the Code Section 42 rent <br />requirements shall continue for a period of three years following the termination or <br />expiration of this Agreement. During such three-year period, the Owner shall not evict or <br />terminate the tenancy of an existing tenant of any Dwelling Unit other than for good <br />cause and shall not increase the gross rent above the maximum allowed under Section 42 <br />of the Code with respect to such Dwelling Unit (the "Vacancy Decontrol Rule"). <br /> <br />(d) If the Project experiences financial trouble it can request a waiver of the <br />applicable rent restriction stated on the summary page (ii) of this document. The right to <br />grant a rent restriction waiver is vested in the Executive Director of the Authority. A <br />waiver will be based on the written evidence supplied by the owner which is evaluated <br />and certified by an independent third-party CPA. The Authority may waive or adjust the <br />specified rent restriction for a period not to exceed 36 months. After 30 months, a review <br />of the current evidence will be conducted to determine if the waiver should be extended. <br /> <br />Conditions justifying a waiver of the rent restriction include, but are not limited <br /> <br />to: <br /> <br />(1) Extraordinary changes in operating expenses; <br /> <br />(2) Capital requirements necessary to maintain a safe, sanitary unit, <br />suitable for occupancy; and <br /> <br />(3) Lender originated changes to financial conditions and debt <br />arrangement that substantially impacts debt service coverage ratios. <br /> <br />9 <br />
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