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ii. If the no longer Eligible Tenant either moves to another unit within the Project or <br />leaves the Project altogether, then the vacated Inclusionary Unit or, at Property <br />Owners election, any other unit within the Project which meets the size and location <br />requirements for Inclusionary Units under this Housing Plan and has the same <br />number of bedrooms as the vacated unit shall be rented as an Inclusionary Unit to an <br />Eligible Tenant. <br />Determination of Affordable Rent <br />(a) Definition of Affordable Rent. All Incluslonary Units shall be rented at an Affordable Rent. <br />The Affordable Rent for an Inclusionary Unit shall be as defined in the Regulatory <br />Agreement. <br />(b) Utilities Allowance. Affordable Rent shall be adjusted to reflect a reasonable Utilities <br />Allowance. The Utilities Allowance shall be as defined in the Regulatory Agreement. <br />(c) Re- evaluation of Affordable Rent, The Affordable Rent may be re- evaluated once annually <br />based on changes in the Gross Household Incomes (usually updated during the first <br />quarter of each year). Any changes in the rents charged for the Inclusionary Units must <br />first be approved in writing by the Program Director. The Property Owner, or property <br />manager, must provide written notice to each Household renting an Inclusionary Unit at <br />least 30 days in advance of any rent increase. <br />Tenant Protections <br />(a) Rental Agreement /lease. All rental agreements /leases must be consistent with the <br />Regulatory Agreement and this Housing Plan. <br />(b) Identification of Occupants. The written rental agreement /lease must name all members <br />of the Low Income Household who will be occupying the Inclusionary Unit. <br />(c) identification of Income Restrictions. The rental agreement /lease must state that the <br />Eligible Tenant's right to occupy the Inclusionary Units is subject to the Gross Income <br />Household requirements set forth in the Regulatory Agreement. <br />Termination of Tenancy <br />(a) Any termination or refusal to renew a tenancy must comply with all applicable California <br />laws. <br />Affirmative Marketing <br />The Property Owner shall affirmatively market the Inclusionary Units to Low Income <br />Households. Property Owner must comply fully with all federal, state, and local non- <br />3 <br />