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(3) No person shall provide false or materially incomplete information to the city <br />or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which <br />that person is not eligible. <br />(i) Principal residency requirement. <br />1. The owner or lessee of an inclusionary unit shall reside in the <br />unit for not less than ten (10) out of every twelve (12) months. <br />2. No owner or lessee of an inclusionary unit shall lease or <br />sublease, as applicable, an inclusionary unit without the prior permission of the executive <br />director. <br />Sec. 41-1907. Reserved. <br />Sec. 41-1908. Enforcement. <br />(a) Violation. Any violation of this article constitutes a misdemeanor. <br />(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this <br />article shall be required to forfeit any money in excess of the affordable housing cost at <br />such time. Any individual who rents an inclusionary unit in violation of this article shall be <br />required to forfeit all money so obtained. Recovered funds shall be deposited into the <br />inclusionary housing fund. <br />(c) Legal actions. The city may institute any appropriate legal actions or proceedings <br />necessary to ensure compliance with this article, including actions: <br />(1) To disapprove, revoke, or suspend any permit, including a building permit, <br />certificate of occupancy, or discretionary approval; and <br />(2) For injunctive relief or damages. <br />(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing <br />agreement recorded hereunder, the city shall be entitled to recover its reasonable <br />attorney's fees and costs. <br />Sec. 41-1909. Inclusionary housing fund. <br />(a) inclusionary housing fund. There is hereby established a separate fund of the city, <br />to be known as the inclusionary housing fund. All monies collected pursuant to this article <br />shall be deposited in the inclusionary housing fund. Additional monies from other sources <br />may be deposited in the inclusionary housing fund. The monies deposited in the <br />inclusionary housing fund shall be subject to the following conditions: <br />(1) Monies deposited into the inclusionary housing fund must be used to <br />increase and improve the supply of housing affordable to moderate, low, very low, and <br />extremely low income households in the city as specified in the city's affordable housing <br />funds policies and procedures. A priority will be on the creation of affordable housing <br />opportunities or units from the existing market rate housing stock rather than construction <br />of new affordable housing units and on the creation of new affordable housing <br />Ordinance No. NS-3019 <br />Page 14 of 17 <br />