Resolution 8837 - Laserfiche WebLink

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11 MANAGEMENT AGREEMENT relating to the Low Income Housing Tax Credit Program. The Agent shall secure full compliance by the Tenants with the terms and conditions of their respective Leases and with the provisions of the LIHC Program. (b) Voluntary compliance shall be emphasized, and the Agent shall counsel Tenants and make referrals to social service agencies in cases of financial hardship or under other circumstances deemed appropriate by the Agent, so that involuntary termination of tenancies may be avoided to the maximum extent consistent with sound management of the Development. The Agent will not, however tolerate willful evasion of payment of rent. (c) The Agent may lawfully terminate any tenancy when, in the Agent's judgment, sufficient cause occurs under the terms of the Tenant's Lease. Documentation of eviction for reasons other than non-payment of Rent will be on file with the Owner. (d) The Agent is authorized to consult with legal counsel designated by the Owner to bring actions for eviction and to execute notices to vacate and to commence appropriate judicial proceedings; provided, however, that the Agent shall keep the Owner informed of such actions and shall follow such instructions as the Owner have prescribed. (e) Subject to the Owner's approval, costs incurred in connection with such actions shall be considered as operating expenses. (f) With regard to the Authority Units, the City, with the cooperation of the MPHA, will establish a tenant grievance procedure for residents of the Authority Units in compliance with the requirements of Section 6(k) of the MPHA Act and consistent, to the maximum extent feasible, with the intent stated in Section 5.2, above. Such procedures will provide for informal discussion and settlement of grievances by the Agent and hearing before a formal hearing panel appointed in accordance with such grievance procedures. The MPHA and City will seek HUD approval, to the extent required, of variations from the requirements of 24 CFR Part 966, Subpart B, as amended or replaced from time to time. 9.16. Certification and Recertification Income. Prior to move-in and at least annually thereafter, the Agent shall certify/recertify incomes of Tenants, as required by the Housing Covenants and the LIHC Program and the MHFA. Tenant incomes must be in compliance with Section 42 and the MPHA Act, and any subsidy contract for the Development. 9.17. Gross Rent. For purposes of the LIHC Program, gross rent is determined by adding Rent plus the applicable utility allowance. Agent shall ensure that gross rent is in compliance with the LIHC Program and, with respect to the Authority Units, the Housing Covenants.