Laserfiche WebLink
(f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial <br /> by jury; <br /> (g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive <br /> the tenant's right to appeal, or to otherwise challenge in court, a court decision <br /> in connection with the lease; and <br /> (h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome. <br /> Agreement by the tenant to pay attorney's fees or other legal costs even if the <br /> tenant wins in a court proceeding by the Developer against the tenant. The <br /> tenant,however,may be obligated to pay costs if the tenant loses. <br /> 4.9 Selection of Tenants. <br /> 4.9.1 Developer shall be responsible for the selection of tenants for the Affordable <br /> Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. <br /> 4.9.2 Local preference for Santa Ana residents and workers in tenant selection for <br /> the Affordable Units shall be a requirement of the Project. Subject to applicable laws and <br /> regulations governing nondiscrimination and preferences in housing occupancy required by the <br /> State of California, the Developer shall give preference in leasing the Affordable Units to <br /> households that live and/or work in the City of Santa Ana or who have an active Housing Choice <br /> Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing <br /> Authority. <br /> 4.9.3 All applicants will be screened and "lotterized." A waiting list will be <br /> created from a lottery generated from the initial pool of rental applications. The waiting list will <br /> track applicant name and contact information, lottery number (or designated number after the <br /> initial lottery),household income,household size, status of application, and any other information <br /> deemed necessary. The waiting list will be maintained as an electronic file and available for audit <br /> by the City of Santa Ana in accordance with resident selection procedures as set forth herein. <br /> 4.9.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer <br /> shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification <br /> Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) <br /> occupying the Affordable Unit is/are an Eligible Household and otherwise mect(s) the eligibility <br /> requirements established for the Affordable Unit. Developer shall verify the income of the <br /> tenant(s) as set forth herein. <br /> 4.10 Income Verification and Certification. <br /> Developer agrees to make a good faith effort to verify that the income and asset statement <br /> provided by an applicant in an income certification is accurate by taking, at a minimum, at least <br /> one of the following steps as a part of the verification process: (1)obtain three months consecutive <br /> pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax <br /> year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an <br /> income verification form from the Social Security Administration and/or the California <br /> Department of Social Services if the applicant receives assistance from either of such agencies, or <br /> 11 <br />