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