4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18

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10 other date as is required by the Secretary, the Annual Certification of a Residential Rental Project (or such other form as required by the Secretary of the Treasury) and shall provide a copy of such certification to the Issuer and the Program Administrator, if any, and, upon request, to the Lender, so as to comply with Section 142(d)(7) of the Code. (g) The Borrower shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor. The Borrower shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria applied to all other prospective tenants. The Borrower shall not apply selection criteria to Low Income Tenants that is more burdensome than criteria applied to non-Low Income Tenants. T he Borrower shall not apply selection criteria to Low Income Tenant applicants referred by the Issuer that are more burdensome than criteria applied to all other Low Income Tenants. (h) Each lease pertaining to a Low Income Unit shall contain a provision to th e effect that the Borrower has relied on the income certification and supporting information supplied by the Low Income Tenant in determining qualification for occupancy of the Low Income Unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease. Each lease may also contain a provision that failure to cooperate with the annual recertification process reasonably instituted by the Borrower pursuant to Section 4(d) above m ay at the option of the Borrower disqualify the unit as a Low Income Unit or provide grounds for termination of the lease. (i) As dwelling units become available for occupancy and ending at the end of the Qualified Project Period, the Borrower will: (a) maintain a list of persons who have notified the Borrower within the prior 90 days of their desire to rent a unit in the Project and who have Adjusted Incomes which would qualify them as Low Income Tenants, and (b) offer to rent on a priority basis the units which have been designated for occupancy by Low Income Tenants to the persons on such list prior to offering to rent such units to any other persons; provided, however, that nothing contained herein shall require the Borrower to offer to rent the units which have been designated for occupancy on a priority basis by Low Income Tenants to such persons on terms and conditions which are more favorable than the terms and conditions on which Low Income Units will be offered to the public generally. The Borrower sha ll inform persons on such list of the need to restate their interest in renting a unit in the Project every 90 days in order to remain on such list. Section 4A. Additional Restrictions Imposed by the Issuer. The Borrower hereby represents, warrants and covenants, at all times during the Qualified Project Period, as follows: (a) The Borrower shall not permit the number of occupants in any dwelling unit in the Project to exceed the Section 8 occupancy guidelines set forth in the federal Housing Quality Standards relating to the number of persons in each living/sleeping area. The Borrower shall certify compliance with this Section 4A(a) in its annual Certificate of Continuing Program Compliance required pursuant to Section 4(g) hereof. (b) The Borrower shall annually provide for inspection of the Project by an independent consultant satisfactory to the Issuer with expertise in the operation of multifamily EXHIBIT 1 4-14