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information on unit substitution and filling vacancies shall be provided to ensure that <br />the project maintains the required unit mix. <br />Except with respect to the HOME assisted units during the HOME Compliance Period, the <br />affordable rents charged at the Project must comply with the most stringent of the standards <br />set forth by TCAC and the requirements of Section 6(b) of the CSCDA Regulatory <br />Agreement, as defined in Affordability Restrictions on Transfer of Property. <br />A utility allowance must be deducted from the maximum affordable rent charged at the <br />Project for each unit. Utility allowances must be based on project -specific allowances for the <br />HOME assisted units. TCAC provides a California Utility Allowance Calculator (CUAC) that <br />must be used to calculate the utility allowances for the HOME -assisted units. <br />Initial 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 />7.3. Rent Increases. On an annual basis, the City shall provide Developer with <br />the maximum allowable schedule of rents for the Property in accordance with changes in <br />allowable rent and income tables published by HUD and TCAC, provided however that <br />the rent for the HOME assisted units shall in no event be higher than the rent for the <br />equivalent non -HOME assisted unit within the Project. In no event can Developer charge <br />any tenant more than such amount. <br />All rent increases are subject to City approval pursuant to the terms of this Section. No <br />later than sixty (60) days prior to the proposed implementation of any rent increase, <br />Developer shall submit to the City a schedule of any proposed increase in the rent. The <br />City will disapprove a rent increase if it does not comply with the restrictions set forth in <br />Section 7.1 and 7.2 above. <br />Subject to the applicable requirements and provisions of, and changes to, Section 42 of the <br />Code, if, upon recertification of the income of any tenant, the Developer determines that <br />such tenant has an adjusted income exceeding 30% of the applicable Median Income for <br />the Area or 60% of the applicable Median Income for the Area, as applicable, in each case, <br />adjusted for household size, such tenant may be permitted to continue to occupy the unit at <br />the rental rate as provided for in Sections 7.1 and 7.2 above, as applicable, until the tenant <br />chooses to vacate the unit. After the unit is vacated, the Developer shall re -rent the unit to <br />a tenant pursuant to the terms, covenants and conditions of this Agreement. <br />7.4. Prohibited Tees. The Developer and subsequent owner is prohibited from <br />charging fees that are not customary, consistent with HOME Regulations 24 CFR section <br />92.504(c)(3)(xi). The Developer and subsequent owner can charge reasonable application <br />fees to prospective tenants; other fees only to the extent that they are reasonable and <br />customary for the project area; and fees for services provided to tenants, provided that these <br />services are not mandatory. <br />7.5. Operation and Maintenance of the Property. Solely at Developer's <br />16 <br />Westview House <br />City HOME Loan Agreement <br />