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between thirty percent (30 %) of the tenant's actual gross income and Affordable Rent chargeable for <br />the applicable Assisted Unit hereunder (and under the Regulatory Agreement). <br />(c) Vista Del Rio hereby acknowledges and agrees that, upon completion of <br />construction of the Project and leasing of the Assisted Units to Extremely Low Income and Very <br />Low Income households pursuant to this Agreement, the DDA and the Affordability Restrictions, <br />Vista Del Rio will have received governmental subsidies from Authority, City, Successor Agency <br />and TCAC (through the Tax Credits allocated to the Project) in exchange for Vista Del Rio's <br />agreement to limit the rents charged to tenants of the Project to an Affordable Rent and Vista Del Rio <br />further acknowledges and agrees that, except for the HAP Contract payments with respect to 8 <br />Assisted Units, which are part of the approved financing for the Project, acceptance of additional <br />governmental rental subsidies (without the consent of the Executive Director) resulting in total, <br />cumulative rent payments to Vista Del Rio in excess of an Affordable Rent for any of the Assisted <br />Units at the Project would constitute an unjustified windfall to Vista Del Rio at the expense of <br />Authority and the federal and state governments. Further, with respect to the HOME Units, the <br />HOME Regulations prohibit application of any Project Based Section 8 assistance, Portable Voucher, <br />or other rental subsidy that, cumulatively with the rent to be paid by the tenant household, exceeds an <br />Affordable Rent calculated pursuant to the HOME Regulations. <br />3.4 Rent Increases. On an annual basis, the Executive Director shall provide Vista Del <br />Rio with the maximum allowable schedule of Affordable Rents for the Property in accordance with <br />changes in allowable rent and income tables published by HUD and the State of California, provided <br />however that the rent for the HOME units shall in no event be higher than the rent for the equivalent <br />Assisted Unit. In no event shall Vista Del Rio charge any tenant more than the Affordable Rents <br />prescribed for the Assisted Units pursuant to these Restrictions and as directed by the Executive <br />Director. <br />4. RENT LIMITATIONS. Vista Del Rio, its successors and assigns shall not charge rents for <br />the Assisted Units in excess of the amounts set forth herein, as adjusted on the basis of the revised <br />schedules of Area Median Income issued from time -to -time by HUD. The Executive Director shall <br />notify Vista Del Rio in writing of the adjusted allowable maximum incomes and rents. <br />5. MANAGEMENT PLAN. Vista Del Rio shall adopt and include as part of its Management <br />Plan (described in Section 11 below), written tenant selection policies and criteria for the Assisted <br />Units, that meet the following requirements: <br />(a) Are consistent with the purpose of providing housing for Very Low Income <br />households; <br />(b) Are reasonably related to program eligibility and the applicants' ability to <br />perform the obligations of the lease; <br />(c) Give reasonable consideration to the housing needs of households that would <br />have a preference under 42 CFR §906.211 (Federal selection preferences for admission to Public <br />Housing); <br />(d) Provide for: <br />B -9 <br />DOC SOC/ 1475221 v 10/200272 -0004 <br />