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11.1.5 CHDO. Mercy House CHDO, Inc., the sole member and manager of the <br />managing general partner of Developer, represents and warrants that it qualifies and is in <br />good standing as a Community Housing Development Organization under the HOME <br />Program. Developer hereby covenants and agrees to maintain such status throughout the <br />tern of this Agreement, and to provide the City with written documentation necessary to <br />demonstrate maintenance of said status on an annual basis. <br />11.2. Qualification as Affordable Housing. As more particularly provided in <br />the Affordability Restrictions on Transfer of Property, Developer shall use, manage and <br />operate the Property in accordance with the requirements of 24 CFR 92.252 so as to qualify <br />the housing on the Property as Affordable Housing with affordable rents. <br />11.3. Tenant and Participant Protection. Developer shall comply with the <br />requirements of 24 CFR 92.253. <br />11.4. Local Preference. Subject to compliance with the HOME Regulations and <br />applicable California and federal fair housing laws, and the requirements of Section 142(d) <br />and Section 42 of the Internal Revenue Code local preference for Santa Ana residents and <br />workers in tenant selection shall be a requirement of the Project. Subject to applicable laws <br />and regulations governing nondiscrimination and preferences in housing occupancy <br />required by Section 142(d) and Section 42 of the Internal Revenue Code, HUD or the State <br />of California, as well as the City of Santa Ana Affordable Housing Funds Policies and <br />Procedures, the Developer shall give preference in leasing units in the following order of <br />priority: <br />(a) First priority shall be given to persons who have been permanently <br />displaced or face permanent displacement from housing in Santa Ana as a result of any of <br />the following: <br />(i) A redevelopment project undertaken pursuant to <br />California's Community Redevelopment Law (Health & Safety Code Sections 33000, et <br />seq.) -- applicable only to projects funded by the Low and Moderate Income Housing Asset <br />Fund; <br />property owner; or <br />(ii) Ellis Act, owner -occupancy, or removal permit eviction; <br />(iii) Earthquake, fire, flood, or other natural disaster; <br />(iv) Cancellation of a Housing Choice Voucher HAP Contract by <br />(v) Governmental Action, such as Code Enforcement. <br />(b) Second priority shall be given to persons who are either: <br />G) Residents of Santa Ana; and/or <br />27 <br />Westview House <br />City HOME Loan Agreement <br />