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stringent of the standards set forth by the California Tax Credit Allocation Committee <br />(TCAC) and the requirements of Section 6(b) of the CSCDA Regulatory Agreement, as <br />defined in Section 24 hereof. <br />A utility allowance must be deducted from the maximum affordable rent charged at the <br />Project for each Restricted Unit. <br />Utility allowances must be based on project -specific allowances for the HOME assisted units. <br />TCAC provides a California Utility Allowance Calculator (CUAC) that must be used to <br />calculate the utility allowances for the HOME assisted units. <br />hutial rents may be recalculated to allowable rental amounts at the time of initial lease -up <br />following completion of construction in accordance with any changes in allowable rent and <br />income tables as published by HUD. <br />3.3. Rent Increases. <br />On an annual basis, the City shall provide Developer with the maximum allowable <br />schedule of rents for the Property in accordance with changes in allowable rent and income <br />tables published by HUD and TCAC, provided however that the rent for the HOME <br />assisted units shall in no event be higher than the rent for the equivalent non -HOME <br />assisted unit within the Project. In no event can Developer charge any tenant more than <br />such amount. <br />All rent increases on the Restricted Units are subject to City approval pursuant to <br />the terms of this Section. No later than sixty (60) days prior to the proposed <br />implementation of any rent increase, Developer shall submit to the City a schedule of any <br />proposed increase in the rent. The City will disapprove a rent increase if it does not comply <br />with the restrictions set forth in Section 3.2 above. <br />(a) Termination of Tenancy. Developer may not terminate the tenancy <br />or refuse to renew the lease of tenant except for serious or repeated violation of the terms <br />and conditions of the Lease; for violation of applicable federal, state, or local law; for <br />completion of the transitional housing tenancy period (if the housing is transitional); or for <br />other good cause. Any termination or refusal to renew must be preceded by not less than <br />thirty (30) days by the Developer's service upon the tenant of a written notice specifying <br />the grounds for the action. <br />(b) Non -Qualifying Adiusted Income. Subject to the applicable <br />requirements and provisions of, and changes to, Section 42 and 142(d) of the Internal <br />Revenue Code of 1986, as amended (the "Code"), if, upon recertification of the income of <br />a tenant of a Restricted Unit, the Developer determines that a tenant has an adjusted income <br />exceeding 30% of the applicable Median Income for the Area or 60% of the applicable <br />Median Income for the Area, as applicable, in each case, adjusted for household size as <br />provided in Section 3.2 above, such tenant may be permitted to continue to occupy the <br />Restricted Unit at the rental rate as provided for in Section 3.2 above, until the tenant <br />chooses to vacate the Restricted Unit. After the Restricted Unit is vacated, the Restricted <br />4 <br />