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201006213
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Last modified
1/11/2011 1:37:36 PM
Creation date
8/30/2010 4:58:52 PM
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DEEDS
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201006213
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20100621 <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 />(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 />(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 />Conditions justifying a waiver of the rent restriction include, but are not limited <br />to: <br />(1) Extraordinary changes in operating expenses; <br />(2) Capital requirements necessary to maintain a safe, sanitary unit, <br />suitable for occupancy; and <br />(3) Lender originated changes to financial conditions and debt <br />arrangement that substantially impacts debt service coverage ratios. <br />Any dispute of the waiver decision by the Executive Director of the Authority can <br />be appealed and settled by arbitration. The arbitration board shall consist of the <br />following mutually acceptable representatives: <br />(1) A representative selected by the Executive Director of the <br />Authority; <br />(2) A representative selected by the Owner of the Project; and <br />(3) A representative from the American Arbitration Association <br />(moderator or voting member). <br />Under na circumstances shall the waiver process provide an opportunity far a <br />project to deviate from the rent restriction because of improved market conditions or for <br />any reason other than an increase in the certain county area median income, without the <br />prior approval of the Executive Director of the Authority. <br />Section 6. Internal Revenue Service Notification. In the event the Authority discovers <br />any noncompliance of any provisions hereof, the Authority will immediately give written notice <br />to the Owner. The Owner shall have 60 days from the date of such notice (the "Correction <br />Period") to correct such noncompliance. Following the Correction Period, the Authority will file <br />
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