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(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the <br />resale price controls required by this section, the buyer and the seller shall be <br />jointly and severally liable to the city for the amount in excess of the affordable <br />housing cost at the time of such sale of the inclusionary unit. Recovered funds <br />shall be deposited into the inclusionary housing fund. Notwithstanding the <br />foregoing, city may allow the buyer and seller to cure any violation of the resale <br />price controls within one hundred eighty (180) days. <br />(f) Rental units. <br />(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain <br />restricted to the target income level group at the applicable affordable housing <br />cost for fifty-five (55) years. <br />(2) Certification of renters. The owner of any rental inclusionary unit shall certify, <br />on a form provided by the city, the income of all members of the household <br />above the age of eighteen (18) at the time of the initial rental and annually <br />thereafter. <br />(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article <br />shall be required to forfeit to the city all money so obtained. Recovered funds <br />shall be deposited into the inclusionary housing fund. <br />(g) Execution and recording of documents. The executive director may require the <br />execution and recording of whatever documents are required to ensure <br />enforcement of this section; including but not limited to promissory notes, deeds of <br />trust, resale restrictions, rights of first refusal, options to purchase, and/or other <br />documents, which shall be recorded against all inclusionary units. <br />(h) General prohibitions. <br />(1) No person shall sell or rent an inclusionary unit at a price or rent in excess of <br />the maximum amount allowed by any restriction placed on the unit in <br />accordance with this article. <br />(2) No person shall sell or rent an inclusionary unit to a person or persons that do <br />not meet the income restrictions placed on the unit in accordance with this <br />article. <br />(3) No person shall provide false or materially incomplete information to the city or <br />to a seller or lessor of an inclusionary unit to obtain occupancy of housing for <br />which that person is not eligible. <br />(i) Principal residency requirement. <br />(1) The owner or lessee of an inclusionary unit shall reside in the unit for not less <br />than ten (10) out of every twelve (12) months. <br />(2) No owner or lessee of an inclusionary unit shall lease or sublease, as <br />applicable, an inclusionary unit without the prior permission of the executive <br />director. <br />75B-39 <br />