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4. Vouchers. Developer, its successors and assigns, shall not refuse to lease a unit to a <br />holder of a rental voucher under 24 CFR part 887 (Housing Choice Voucher Program) or to a holder <br />of a comparable document evidencing participation in a tenant-based assistance program because of <br />the status of the prospective tenant as a holder of such certificate of family participation, rental <br />voucher, or comparable tenant-based assistance document. Total rents charged to such tenants, <br />including the tenant contribution and rental assistance, shall not exceed the Affordable Rent <br />permitted to be charged pursuant to these Restrictions, the Agreement, the NSP Documents, and the <br />NSP Requirements. <br />5. Lease Requirements. Developer shall execute or cause to be executed a written lease <br />in a form approved in writing by Agency and City (other than immaterial modifications thereto) <br />which complies with the applicable HOME Regulations, the Redevelopment Law, the NSP <br />Requirements and all applicable federal, state and local laws and regulations, with each tenant <br />household identifying by name all permitted occupants, both adults and minors, occupying each unit. <br />The lease between tenants occupying the units and Developer must be for not less than one year, <br />unless by mutual agreement between the tenant and Developer. The lease may not contain any of the <br />following provisions (in which references to "owner" shall mean the Developer, its successors or <br />assigns): <br />(a) Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor <br />of the owner in a lawsuit brought in connection with the lease; <br />(b) Agreement by the tenant that the owner may take, hold, or sell personal <br />property of household members without notice to the tenant and a court decision on the rights of the <br />parties. This prohibition, however, does not apply to an agreement by the tenant concerning <br />disposition of personal property remaining in the housing unit after the tenant has moved out of the <br />Unit. The owner may dispose of this personal property in accordance with state law; <br />(c) Agreement by the tenant not to hold the owner or the owner's agent legally <br />responsible for any action or failure to act, whether intentional or negligent; <br />(d) Agreement of the tenant that the owner may institute a lawsuit without notice <br />to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or household <br />members without instituting a civil court proceeding in which the tenant has the opportunity to <br />present a defense, or before a court decision on the rights of the parties; <br />(f) Agreement by the tenant to waive any right to a trial by jury; <br />(g) Agreement by the tenant to waive the tenant's right to appeal, or to otherwise <br />challenge in court, a court decision in connection with the lease; and <br />(h) 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 owner against the tenant The tenant, however; may be <br />obligated to pay costs if the tenant loses. <br />6. Monitoring and Recordkeeping. Throughout the Affordability Period, Developer <br />shall comply with all applicable recordkeeping and monitoring requirements set forth in the <br />5 <br />D OC S OC/ 1495 82 7v2/200272-0003