Item 27 - Public Hearing - Approve an Amended and Restated Regulatory Agreement for Garden Court Apartments Rehabilitation Project

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EXHIBIT 1 (i) A redevelopment project undertaken pursuant to California's Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) - applicable only to projects funded by the low and moderate income housing asset fund as defined in the Community Redevelopment Law; property owner; or (ii) Ellis Act, owner -occupancy, or removal permit eviction; (iii) Earthquake, fire, flood, or other natural disaster; (iv) Cancellation of a Housing Choice Voucher HAP Contract by (v) governmental action, such as Code Enforcement; (f) Subject to applicable fair housing laws, give a second preference to the housing needs of households residing in, employed in, or offered employment in the City of Santa Ana, including but not limited to priority placement on a written waiting list of available units; and (g) Carry out the Affirmative Marketing procedures of the City of Santa Ana, to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups, and low income households or households with special needs, in the housing market area to the Restricted Units. Owner shall maintain a marketing program and resident selection plan for leasing of the Restricted Units ("Marketing Program") consistent with the marketing of the Project under the Original Agreement prior to the approval of this Agreement . The leasing of the Restricted Units shall be marketed in accordance with the Marketing Program, as the same may be amended from time to time and submitted to the City. The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and detail for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. 5. Owner, its successors and assigns, shall not refuse to lease a restricted Unit to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to a holder of a comparable document evidencing participation in a HOME or other tenant -based rental assistance program because of the status of the prospective tenant as a holder of such certificate of family participation, rental voucher, or comparable HOME or other tenant -based rental assistance document. 6. Any lease of a Restricted Unit must be for not less than one year, unless by mutual agreement between the tenant and the Owner. The lease may not contain any of the following provisions (in which references to "owner" shall mean the Owner, its successors or assigns): (a) Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; 0 Error! Unknown document property name.