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<br />Certifications will be maintained on file by Declarant with respect to each <br />Qualifying Tenant who resides or resided in an Affordable Unit for a period of 10 <br />years following the end of the Term, unless, following written request from the <br />Declarant identifying Eligibility Certifications that Developer wishes to discard, <br />the HRA consents to the Declarant’s request to discard said Eligibility <br />Certification. Declarant must re-examine and verify the income of each tenant <br />household living in an Affordable Unit annually unless, during such year, no <br />Affordable Unit is occupied by a new tenant household whose income exceeds the <br />applicable income limit for Qualifying Tenants. In addition, no re-certification <br />shall be required if a Qualifying Tenant moves to a different Affordable Unit. <br />(e) Leases. The Affordable Units shall be rented pursuant to a written lease, and the <br />term of each such lease shall be least 12 months, except that during the final year <br />of the Term, new leases for the Affordable Units may be for a term of no less than <br />six months, and such newly leased Affordable Units shall be subject to the terms <br />and conditions of this Declaration until the expiration of such new leases. In <br />addition, the form of lease to be utilized by Declarant in renting any Affordable <br />Unit to any person who is intended to be a Qualifying Tenant shall: <br />(i) not require a security deposit in excess of the amount of one month <br />of rent in connection with any Affordable Unit; <br />(ii) provide that rental rates charged to any Qualifying Tenant of an <br />Affordable Unit cannot be increased more than once in any 12-month <br />period. <br />(iii) provide for termination of the lease and consent by the person to <br />eviction for failure to qualify as a Qualifying Tenant as a result of any <br />material misrepresentation made by the person with respect to the <br />Eligibility Certification; <br />(iv) include a clause wherein each individual tenant or tenant certifies <br />the accuracy of the statements made in its application and Eligibility <br />Certification; and <br />(v) include a clause wherein each individual tenant or tenant certifies <br />that the family income at the time the lease is executed will be deemed <br />substantial and material obligation of the tenant’s tenancy; that the tenant <br />will comply promptly with all requests for income and other information <br />relevant to determining low or moderate income status from Declarant, the <br />Authority, or the City, and that the tenant’s failure or refusal to comply <br />with a request for information with respect thereto will be deemed a <br />violation of a substantial obligation of the tenant’s tenancy of its <br />Affordable Unit. <br />3. Enforcement of Covenants and Restrictions. <br />(a) Annual Certification. Declarant shall prepare and submit to the Authority and the <br />City, annually for approval on the basis of compliance with this Declaration, a <br />certificate substantially in the form of the attached Exhibit C, executed by <br />Declarant, (i) identifying the tenancies and the dates of occupancy (or vacancy) for <br />3 <br /> <br />