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(1) In no event shall the rent charged to the HOME assisted units be more than that amount of <br />the low HOME rent as published by HUD, as amended from time to time. <br />(2) At the time of project completion, the Developer shall provide to the City the address and/or <br />unit number of each of the HOME floating units. <br />(3) Annually with the financial statements, the Developer shall provide an annual report of rents <br />and occupancy of all assisted units, including the HOME -assisted units, to verify <br />compliance with affordability requirements. For the HOME assisted -units, information on <br />unit substitution and filling vacancies shall be provided to ensure that the project maintains <br />the required unit mix. <br />The affordable rents charged at the Project must comply with the standards set forth by California <br />Tax Credit Allocation Committee (TCAC). Notwithstanding anything to the contrary contained in <br />this Agreement, the Affordability Restrictions on Transfer of Property, and other than HOME <br />assisted units, restricted (as to both income and rent levels) at 30% of AMI, in the event of a <br />foreclosure, or delivery of deed in lieu of foreclosure, of any Senior Loan, then the (1) the <br />maximum qualifying tenant household income shall be increased to 60% of Area Median Income <br />adjusted for family size appropriate to the unit, and (2) the maximum annual affordable rent shall be <br />increased to 30% of 60% of Area Median Income, as adjusted for family size appropriate to the unit <br />* Utility allowances must be deducted from the Maximum Gross Monthly Rent. The City of Santa <br />Ana will provide the utility allowances based on the HUD Utility Schedule Model. <br />e. Initial rents may be recalculated to allowable rental amounts at the time of <br />initial lease -up following completion of construction in accordance with any changes in allowable <br />rent and income tables as published by HUD. <br />3.2 Rent Increases: <br />A. On an annual basis, the City shall provide the Owner with the maximum allowable schedule of <br />incomes and rents (less utility allowance appropriate for the Restricted Units) for the Property. <br />B. Owner, its successors and assigns shall not charge rents for the Restricted Units in excess of <br />the amounts set forth in the tables as adjusted from time -to -time by HUD. The Housing <br />Manager shall notify Owner in writing of the adjusted allowable maximum incomes and rents. <br />4. Miscellaneous Provisions <br />A. Owner shall adopt and include as part of its Management Plan (described in subsection G <br />below), written tenant selection policies and criteria for the Units, that meet the following <br />requirements: <br />(a) Are consistent with the purpose of providing housing for Extremely Low <br />and Very Low Income households; <br />(b) Are reasonably related to program eligibility and the applicants' ability to <br />perform the obligations of the lease; <br />