Common use of Income Restrictions Pursuant to the Code Clause in Contracts

Income Restrictions Pursuant to the Code. Pursuant to the requirements of Section 142(d) of the Code, for the Qualified Project Period, not less than forty percent (40%) of the total number of completed units in the Project, or seventy-three (73) units, shall be designated as Affordable Units and during the Qualified Project Period shall be rented to and continuously occupied by Tenants whose Adjusted Income does not exceed sixty percent (60%) of the lower of City Median Income or Median Income for the Area; provided, however, if all the occupants of a unit are students (as defined under Section 152(f)(2) of the Code), no one of whom is entitled to file a joint return under Section 6013 of the Code, such occupants shall not be qualified Tenants pursuant to this sentence. The Owner shall satisfy the requirements of this Section 4(a)(iii) by complying with the requirements of Section 4(a)(i), to the extent such compliance meets the requirements of Section 142(d)(1)(B) of the Code.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

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Income Restrictions Pursuant to the Code. Pursuant to the requirements of Section 142(d142(d)(1)(B) of the Code, for the Qualified Project Period, not less than forty percent (40%) of the total number of completed units in the ProjectProject (excluding the managers’ units), or seventy-three one hundred ten (73110) units, shall be designated as Affordable Units affordable units and during the Qualified Project Period shall be rented to and continuously occupied by Tenants whose Adjusted Income does not exceed sixty percent (60%) of the lower of City Median Income or Median Income for the Area; provided, however, if all the occupants of a unit are students (as defined under Section 152(f)(2) of the Code), no one of whom is entitled to file a joint return under Section 6013 of the Code, such occupants shall not be qualified Tenants pursuant to this sentence. The Owner shall satisfy the requirements of this Section 4(a)(iii) by complying with the requirements of Section 4(a)(i), to the extent such compliance meets the requirements of Section 142(d)(1)(B) of the Code.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

Income Restrictions Pursuant to the Code. Pursuant to the requirements of Section 142(d) of the Code, for the Qualified Project Period, not less than forty percent (40%) of the total number of completed units in the ProjectProject (excluding the manager’s unit), or seventyfifty-three five (7355) units, shall be designated as Affordable Units affordable units and during the Qualified Project Period shall be rented to and continuously occupied by Tenants whose Adjusted Income does not exceed sixty percent (60%) of the lower of City Median Income or Median Income for the Area; provided, however, if all the occupants of a unit are students (as defined under Section 152(f)(2) of the Code), no one of whom is entitled to file a joint return under Section 6013 of the Code or who fail to be described in Section 42(i)(3)(D) of the Code, such occupants shall not be qualified Tenants pursuant to this sentence. The Owner shall satisfy the requirements of this Section 4(a)(iiiSubsection 4(a)(iv) by complying with the requirements of Section 4(a)(i) and Section 4(a)(ii), to the extent such compliance meets the requirements of Section 142(d)(1)(B) of the Code.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

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Income Restrictions Pursuant to the Code. Pursuant to the requirements of Section 142(d) of the Code, for the Qualified Project Period, not less than forty percent (40%) of the total number of completed units in the ProjectProject (excluding the manager’s unit), or seventythirty-three two (7332) units, shall be designated as Affordable Units affordable units and during the Qualified Project Period shall be rented to and continuously occupied by Tenants whose Adjusted Income does not exceed sixty percent (60%) of the lower of City Median Income or Median Income for the Area; provided, however, if all the occupants of a unit are students (as defined under Section 152(f)(2) of the Code), no one of whom is entitled to file a joint return under Section 6013 of the Code who fail to be described in Section 42(i)(3)(D) of the Code, such occupants shall not be qualified Tenants pursuant to this sentence. The Owner shall satisfy the requirements of this Section Subsection 4(a)(iii) by complying with the requirements of Section 4(a)(i4(a)(ii), to the extent such compliance meets the requirements of Section 142(d)(1)(B) of the Code.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

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