06/07/2010 Council Packet - Laserfiche WebLink

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1. A written certificate of the Owner and the Project Architect that at least 50% of the Project units constitute "Special Needs Units" together with plans and specifications in support of that certificate. 2 A written certificate of the Owner in which it sets forth the number of Special Needs Units that have been rented to Disabled Individuals as of the date of the application. At the request of the MHFA, the Owner shall also furnish copies of relevant individual certification documents. 3. In the event all of the Special Needs Units have not been rented to Disabled Individuals, a written certificate of the Managing General Partner in which it sets forth in detail the steps the Owner has taken to market such units to Disabled Individuals. B. Annual Certification. 1. Certification of Disabled Individual. At the same time the Owner obtains the annual income certification from each tenant of the Project as required under Section 42 of the Internal Revenue Code of 1986, as amended, the Owner shall also obtain a certification from tenants who are Disabled Individuals concerning their current physical condition. The Owner shall maintain such certification on -site and shall permit, during normal business hours and upon reasonable notice, any books and records of the Owner regarding the Project with respect to the physical condition of the tenants which pertain to compliance with the Restriction. The Owner shall submit any other information, documents or certifications requested by the MHFA which the MHFA shall deem reasonably necessary to substantiate the Owner's continuing compliance with the provisions of this Restriction. 2. Certification to the MHFA. As part of and in addition to its annual certification as required under Treas. Reg. § 1.42 -5(c), the Owner must certify at least annually to the MHFA that for the preceding 12 -month period: a. The Project met the requirements of this Restriction. b. The Owner has received an annual certification from each Disabled Individual who is a tenant and documentation to support that certification; c. At least 50% of the Project units are Special Needs Units; and d. In the event a Special Needs Unit is not occupied by a Disabled Individual that Reasonable Steps were or are being made to rent that unit to tenants who include a Disabled Individual.