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1. The Landlord executed and recorded a covenant and agreement, in a form satisfactory to the Rent Board, guaranteeing that the replacement affordable housing units, affordable for households with an income at or below 80% of Area Median Income as established by the U.S. Department of Housing and Urban Development for the Los Angeles -Long Beach -Anaheim primary metropolitan statistical area, shall remain affordable for 30 years from the date the covenant and agreement is recorded. The covenant and agreement contains provisions as required by the Department to ensure the effective administration and enforcement of this subsection. 2. The replacement affordable housing units shall be reasonably dispersed throughout the newly constructed accommodations and shall not be segregated in a portion of the accommodations dedicated to affordable housing units. 3. The replacement affordable housing units shall be comparable to the market rate units and contain, on average, the same number of bedrooms, bathrooms and square footage as the market rate units. The replacement affordable housing units shall be comparable in architectural style to the average of the market rate units. Units that are used to qualify for a density bonus pursuant to the provisions of either California Government Code Section 65915 et seq., as may be amended, or Santa Ana Municipal Code and Charter Section XVLI, Sections 41-600 to 41-263, as may be amended, or are used to satisfy any inclusionary zoning or replacement affordable housing requirement, or are used to qualify for any other public benefit or incentive, may be used to qualify as replacement affordable housing units pursuant to the provisions of this subsection. 11. Ellis Act Provisions -- Applicability to Successors in Interest (a) This Section shall apply to all successors in interest of a Landlord who has withdrawn a Covered Rental Unit, Rental Unit/Dwelling from rent or lease. The City of Santa Ana shall record a notice with the county recorder which shall specifically describe the real property where the rental unit is located, the dates applicable to the constraints and the name of the Landlord of record upon the real property. The notice shall be indexed in the grantor -grantee index. (b) A person who acquires title to the real property subsequent to the date upon which the Covered Rental Unit, Rental Unit/Dwelling has been withdrawn from rent or lease, as a bona fide purchaser for value, shall not be a successor in interest for the purposes of this section if the notice prescribed by this section has not been recorded with the county recorder at least one day before the transfer of title. 45