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<br />27 <br />The Crossroads at Washington <br />City HOME Loan Agreement <br />11.1.5 Reserved. <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. Except with regard to persons experiencing <br />homelessness referred off of the County of Orange coordinated entry system due to the <br />layer of forty-three (43) PBVs provided by the Orange County Housing Authority, and <br />subject to compliance with the HOME Regulations and applicable California and federal <br />fair housing laws, and the requirements of Section 142(d) and Section 42 of the Internal <br />Revenue Code local preference for Santa Ana residents and workers in tenant selection <br />shall be a requirement of the Project. Subject to applicable laws and regulations governing <br />nondiscrimination and preferences in housing occupancy required by Section 142(d) and <br />Section 42 of the Internal Revenue Code, HUD or the State of California, as well as the <br />City of Santa Ana Affordable Housing Funds Policies and Procedures, the Developer shall <br />give preference in leasing units in the following order of 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 /> <br />(ii) Ellis Act, owner-occupancy, or removal permit eviction; <br /> <br />(iii) Earthquake, fire, flood, or other natural disaster; <br /> <br />(iv) Cancellation of a Housing Choice Voucher HAP Contract by <br />property owner; or <br /> <br />(v) Governmental Action, such as Code Enforcement. <br />(b) Second priority shall be given to persons who are either: <br />(i) Residents of Santa Ana; and/or <br /> <br />(ii) Working in Santa Ana at least 32 hours per week for at least <br />the last 6 months. <br />11.5. Handicapped Accessibility. Developer shall comply with: (a) Section 504 <br />EXHIBIT 5