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201106264
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Last modified
9/14/2011 12:35:29 PM
Creation date
8/23/2011 8:45:14 AM
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DEEDS
Inst Number
201106264
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�0�106264 <br />"PropeYty Management Agt-eement" means that certain Property Management <br />Agreement, dated as of the date hereof, by and between the Owner and the Manager. <br />"Qualified Project Period" means a period beginning on the Occupancy Date and ending <br />on the date which is the Required Number of Years after the Occupancy Date as set forth on the <br />Summary Page. <br />"Qualified Tenants" means and includes individuals and families (i) whose income is <br />equal or less than the Applicable Income Percentage of area median gross income (including <br />adjustrnents for family size) as elected and determined in accordance with the Code and <br />Regulations and {ii) who have been properly selected by the Owner or the Manager pursuant to <br />the Leasing Guidelines attached as Exhibit B to the Property Managernent Agreement. Except as <br />otherwise provided herein, the occupants of a Dwelling Unit shall not be considered to be of low <br />income if any occupant is a student (as defined in Section 151(c)(4) of the Code). <br />Notwithstanding the foregoing, a Dwelling Unit is not disqualified as a Qualified Unit merely <br />because it is occupied (i) by a student receiving AFDC assistance under Title IV of the Social <br />Security Act, (ii) by a student who was previously under the care and placement responsibility of <br />the state agency responsible for administrating a plan under Part B or Part E of Title N of the <br />Social Security Act, {iii) by a student enrolled in a government-supgorted job training program, <br />(iv) entirely by full-rime students who are single pazents and their children, provided such <br />accupants are not dependents (as defined in Code Section 152, determined without regard to <br />subsections (b)(1), (b)(2) and (d)(1}(B) thereo� of another person or (v) by full-time students <br />who are married and file a joint return. The determination of whether an individual or family is a <br />Qualified Tenant shall be made at least annually on the basis of the current income of such <br />occupants. Any Dwelling Unit occupied by an individual or family who is a Qualified Tenant at <br />the commencement of occupancy shall continue ta be treated as if occupied by a Qua.lified <br />Tenant, provided that, should such Qualified Tenant's income subsequently exceed 140% of the <br />applicable income limit, such tenant shall no longer be a Qualified Tenant if, after such <br />determination of income, but prior to the next determination, any residential unit of compazable <br />or smaller size is rented to a tenant who is not a Qualified Tenant. <br />"Qualified Unit" means a residential unit in the Project designated for occupancy by <br />Qualified Tenants. <br />"Related Persons" means two or more persons related within the meaning of <br />Section 147(a)(2) of the Code, including, but not lirnited to, familial and hust rela.tionships, <br />actual or attributed partnership interests, related corporations and certain corpora.te shareholders. <br />"Rent Restricted Unit" means a Dwelling Unit if the gross rent with respect to the <br />Dwelling Unit does nat exceed 30% of the imputed income limita.rion applicable to such <br />Dwelling Unit (based on the number of bedrooms therein in accordance with Section 42(g)(2)(C) <br />of the Code). <br />"RequiYed Number of Years" means the number of years after the Occupancy Date on <br />which the Qualified Project Period expires and as set forth on the Sumrnary Page. <br />4840-0052-9929.1 3 <br />
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