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B. Definition of "Disabled Individual." For purposes of the Restriction, the term .. "Disabled Individual" shall be an individual who is Physically Disabled. C. Definition of Special Needs Units. For purposes of the Restriction, a "Special Needs Unit" shall mean a residential unit in the Project which is constructed, designated and maintained as provided under this Restriction. D. Definition of Pre - Leasing. For purposes of the Restriction, "Pre- Leasing" shall mean the Owner's marketing and rental activities prior to the time when all Project units have received certificates of occupancy from the appropriate governmental entities. E. Definition of Initial Occupancy. For purposes of this Restriction, the term "Initial Occupancy" shall mean the first occupancy of a Project unit following the issuance of the certificate of occupancy for such unit by the appropriate governmental entities. F. Definition of Subsequent Vacancy. For purposes of this Restriction, the term "Subsequent Vacancy" shall mean any vacancy of a Project Unit following the termination of an Initial Occupancy of a Project Unit. III. RENTAL OF SPECIAL NEEDS UNITS. The Special Needs Units shall be specifically designated and set aside and rented to individuals who have combined incornes of sixty percent or less of the area median gross income, and include at least one individual who is Physically Disabled. The Owner has no obligation to rent Special Needs Units to or give priority consideration to individuals having the characteristics set forth in Minn. Stat. § 462A.222, Subd. 3(c)(3), clauses (i) through (iv). The Owner may not however, refuse to rent to individuals having those characteristics solely because of those characteristics. IV. DETERMINATION OF DISABLED INDIVIDUAL. An applicant for a Special Needs Unit must present one of the following sets of documents in support of his or her application for a Special Needs Unit: A. Physician or Chiropractor's Statement. A statement signed by a licensed physician or chiropractor in which he or she certifies that the applicant is a Physically Disabled Person as defined herein and that such disability is expected to be permanent. B. Minnesota Public Safety Certificate. A photocopy of the certificate issued by the Minnesota Depaituient of Public Safety, Division of Driver and Vehicle Services for persons with permanent disabilities pursuant to Minn. Stat. § 169.345, Subd. 3, and a copy of the physician or chiropractor's statement in which he or she certifies that the applicant is Physically Disabled within the meaning of Minn. Stat. § 169.345, Subd. 2 and such physical disability is permanent. 291012.4 C -2