11B - 2ND READ ORD - HOUSING OPPORTUNITY ORD - HOO

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LS 8.25. 15 trust, resale restrictions, rights of first refusal, options to purchase, and /or other documents, which shall be recorded against all Inclusionary Units. (h) General Prohibitions. (1) No person shall sell or rent an Inclusionary Unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this Article. (2) No person shall sell or rent an Inclusionary Unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this Article. (3) No person shall provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which that person is not eligible. (i) Principal Residency Requirement. (1) The owner or lessee of an Inclusionary Unit shall reside in the unit for not less than ten out of every twelve months. (2) No owner or lessee of an Inclusionary Unit shall lease or sublease, as applicable, an Inclusionary Unit without the prior permission of the Executive Director. Sec. 41 -1907. Reserved Sec. 41 -1908. Enforcement (a) Violation. Any violation of this Article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an Inclusionary Unit in violation of this Article shall be required to forfeit any money in excess of the Affordable Housing Cost at such time. Any individual who rents an Inclusionary Unit in violation of this Article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (c) Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Article, including actions: (1) To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and (2) For injunctive relief or damages. 12 11B-14