Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters: (1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation; (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 3 contracts
Samples: Home Regulatory Agreement, Home Regulatory Agreement, Home Regulatory Agreement
Lease Provisions. (a1) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a rental lease form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programsCounty Manager or his designee. The rental lease form of lease must shall comply with all requirements of this HOME Regulatory Agreement, Agreement and the other Amended and Restated AHIF Loan Documents and mustshall, among other matters:
(1i) provide for termination of the lease for failure tofailure: (iA) to provide any information required under this HOME Regulatory Agreement or reasonably requested by the Borrower to establish or recertify the Tenant's ’s qualification, or the qualification of the Tenant's ’s household, for occupancy in the Development Property in accordance with the standards set forth in this HOME Regulatory Agreement, or (iiB) to qualify as a Very Low Low-Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computationcomputation or certification;
(2ii) provide that residents of all Income-Restricted Units have full access to all amenities provided to other residents of the Property, if any, subject to the rules, regulations and conditions (including fees) governing the use of these facilities for all other Tenants as reasonably established by the Borrower;
(iii) be for an initial a term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no rent increase during such year other than as permitted by federal regulations. Borrower will provide each Tenant with at least thirty (30) days’ written notice of any increase in Rent during rent applicable to such year. After the initial year of tenancyTenant, the lease and with such further notice as may be month-to-month required by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 4.04(a) above; and
(3iv) include a provision that requires a Tenant who is residing in a Unit the nondiscrimination language required to be accessible pursuant to Section 3.9(b4.05(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitbelow.
(b2) During Subject to the HOME Termincome eligibility and occupancy requirements for Tenants as outlined in this Article IV, the Borrower shall comply with reserves the Marking Plan right to establish certain rental occupancy requirements and Tenant Selection Plan limitations in the leases, as approved by the CountyCounty Manager or his written designee. Specifically, but without limitation, Borrower reserves the right to (a) to apply Borrower’s typical credit and background check requirements to prospective Tenants, (b) limit household size for each Income-Restricted Unit in accordance with Borrower’s maximum occupancy standard or County standard, as Borrower may choose; and (c) prohibit the subletting or assigning of Income-Restricted Units.
Appears in 1 contract
Samples: Loan Agreement
Lease Provisions. (a) No later than four (4) months prior to In leasing the date rehabilitation of the Development is projected to be completeCounty-Assisted Units, Borrower Grantee shall submit to the County for approval Borrower’s proposed use a form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of Tenant lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of Tenant lease must shall also comply with all requirements of this HOME County Regulatory Agreement and the Grant Agreement, the other Loan Documents and mustshall, among other matters:
(1a) provide for termination of the lease and consent by the Tenant to immediate eviction for failure tofailure: (i1) to provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower Grantee to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii2) to qualify as a an Extremely Low Income Household or Very Low Income Household or Sixty-Five Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;computation or certification; and
(2b) be for an initial term of not less than one year (1) year, (unless a shorter term is mutually agreed by mutual agreement between the Tenant and Borrower, the Grantee) and provide for no increase in Rent during such yeartime period. After the initial year term of tenancy, the lease may be month-to-month to month by mutual agreement of Borrower Grantee and the Tenant, however Rent may not be raised more often than once a year. Notwithstanding the aboveGrantee will provide each Tenant with at least sixty (60) days' written notice of any increase in Rent applicable to such Tenant, any rent increases are subject to the requirements of and with such further notice as may be required by Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(bc) During any termination of a lease or refusal by Grantee to renew must be preceded by no less than thirty (30) days written notice to the HOME Term, Borrower shall comply with tenant by Grantee specifying the Marking Plan and Tenant Selection Plan approved by grounds for the Countyaction.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Very Low Income Household, or Forty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to In newly leasing the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1a) provide Provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household, Forty Percent Income Household, or Sixty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2b) be Be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3c) include Include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(e) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a1) No later than four (4) months prior to For all new leases entered into after the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the DevelopmentEffective Date, Borrower shall use the a rental lease form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programsCounty Manager or his designee. The rental lease form of lease must shall comply with all requirements of this HOME Regulatory Agreement, Agreement and the other County Loan Documents and mustshall, among other matters:
(1i) provide for termination of the lease for failure tofailure: (iA) to provide any information required under this HOME Regulatory Agreement or reasonably requested by the Borrower to establish or recertify the Tenant's ’s qualification, or the qualification of the Tenant's ’s household, for occupancy in the Development Property in accordance with the standards set forth in this HOME Regulatory Agreement, or (iiB) to qualify as a Very Low Moderate and Low-Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computationcomputation or certification;
(2ii) provide that residents of all Income-Restricted Units have full access to all amenities provided to other residents of the Property, if any, subject to the rules, regulations and conditions (including fees) governing the use of these facilities for all other Tenants as reasonably established by the Borrower;
(iii) be for an initial a term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no rent increase during such year other than as permitted by federal regulations; provided, however, Borrower shall be permitted to sign leases for terms of less than one (1) year so long as such leases do not account for more than twenty percent (20%) of all leases at any given time. Borrower will provide each Tenant with at least thirty (30) days’ written notice of any increase in Rent during rent applicable to such year. After the initial year of tenancyTenant, the lease and with such further notice as may be month-to-month required by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 4.04(a) above; and
(3iv) include a provision that requires a Tenant who is residing in a Unit the nondiscrimination language required to be accessible pursuant to Section 3.9(b4.05(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitbelow.
(b2) During Subject to the HOME Termincome eligibility and occupancy requirements for Tenants as outlined in this Article IV, the Borrower shall comply with reserves the Marking Plan right to establish certain rental occupancy requirements and Tenant Selection Plan limitations in the leases, as approved by the CountyCounty Manager or his written designee. Specifically, but without limitation, Borrower reserves the right to (a) to apply Borrower’s typical credit and background check requirements to prospective Tenants, (b) limit household size for each Income-Restricted Unit in accordance with Borrower’s maximum occupancy standard or County standard, as Borrower may choose; and (c) prohibit the subletting or assigning of Income-Restricted Units.
Appears in 1 contract
Samples: Loan Agreement
Lease Provisions. (a) No later than four (4) months prior to In newly leasing the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1a) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very Low Income Household or Sixty Percent Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2b) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 (a) above; and.
(3c) include a provision that which requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, 2.4 and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(bd) During the HOME Term, Borrower shall include any provisions necessary to comply with the Marking Plan and Tenant Selection Plan approved by requirements of the CountyViolence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Marketing Plan and Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/HOPWA Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household Household, as a result of any material misrepresentation made by such Tenant with respect to the income computation;, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan Plan, Social Services Plan, and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home/Hopwa Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval BorrowerXxxxxxxx’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household, Forty Percent Income Household, or Forty-Five Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Marketing Plan and Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be in conformance with the requirements of 24 C.F.R. 92.253(c) and the Violence Against Women Reauthorization Act of 2013 ((Pub. L. 113– 4, 127 Stat. 54) applicable to HUD-funded programs, and must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval BorrowerXxxxxxxx’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household or a Sixty Percent Income Household, as applicable, as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Marketing Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/CDBG Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/CDBG Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/CDBG Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(c) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home/CDBG Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Marketing Plan and Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(c) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) Any termination of a lease or refusal to renew a lease for a County- Assisted Unit must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action.
(c) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Marketing Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower The Developer shall submit to the County for approval Borrower’s proposed use a form of tenant lease agreement for (the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease "Tenant Lease") approved by the County. Borrower may not permit City for the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programsAffordable Units. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and mustTenant Lease shall, among other matters:
(1a) provide for termination of the lease for failure tofailure: (i1) to provide any information required under this HOME Regulatory Agreement (or subject to the City's approval on a case to case basis, any additional information reasonably requested by Borrower the Developer) to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development as an Eligible Household in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii2) to qualify as a Very Low Income an Eligible Household as a result of any prior or current material misrepresentation made by such Tenant with respect to the income computationHousehold Income computation or certification;
(2b) provide that the Maximum Monthly Rent may not be raised more often than once every twelve (12) months. The Developer will provide each Tenant with at least sixty (60) days written notice of any increase in rent if it exceeds the Maximum Rent applicable to such Tenant because the Tenant is no longer an Eligible Household;
(c) prohibit subleasing or assignment or daily or weekly rental platforms as to an Affordable Unit or any portion of the Affordable Unit or any spaces reserved for the use of the Tenant;
(d) contain nondiscrimination provisions;
(e) contain the Tenant's obligation to inform the Developer in writing of any need for maintenance or repair;
(f) contain each Tenant's obligation to cooperate timely with the annual income certification process by providing all reasonably-requested information in accordance with Section 3, above;
(g) include reasonable rules of conduct consistent with California law;
(h) allow termination of the tenancy for an initial term increase in Tenant’s Household Income above qualifying income for Eligible Households or for good cause, including violation of not less than one (1) year, unless by mutual agreement between the terms and conditions of the Tenant and BorrowerLease, and provide for no increase in Rent during such year. After the initial year violations of tenancyapplicable federal, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the abovestate, any rent increases are subject to the requirements of Section 2.3 aboveor local law, or other good cause; and
(3i) include the obligation for Tenant to provide and maintain a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is security deposit not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitexceeding two months' c current rent.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/HOPWA Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan Plan, Social services Plan, and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home/Hopwa Regulatory Agreement
Lease Provisions. (a) No later than four (4A copy of the Project’s standard lease form(s) months shall be provided to the City prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review initial occupancy and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(bthirty (30) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very Low Income Household as a result days of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitchanges.
(b) During The lease may not contain any terms prohibited by applicable law.
(c) Each lease or rental agreement shall provide that the HOME TermDeveloper will not discriminate on the basis of race, Borrower shall comply creed, color, sex, national origin, ancestry, religion, marital status, disability or receipt of public assistance or housing assistance in connection with the Marking Plan rental of a Unit in Project, or in connection with the employment or application for employment of persons for operation and Tenant Selection Plan approved management of Project, and all contracts, applications and leases entered into for such purposes shall contain similar non-discrimination clauses to such effect.
(d) The Developer shall not require rental deposits in excess of one-month's rent for any Affordable Housing Unit, but may require refundable deposits for pet damages, and keys, and similar items, consistent with applicable laws.
(e) The Developer shall include provisions in leases or rental agreements for all Affordable Housing Units which authorize the Developer to immediately terminate the tenancy of any tenant occupying an Affordable Housing Unit where one or more of such tenants have misrepresented any fact material to the qualification of such an individual or household as an Income-Qualified Household, including, but not limited to, persons 18 years of age and older that reside in the household that are not listed on the lease. Each lease or rental agreement for an Affordable Housing Unit shall also provide that the tenants of such Affordable Housing Unit shall be subject to annual certification or re- certification of income, as required by the CountyCity, and shall be subject to rental increases in accordance with this Agreement.
(f) The provisions relating to certification and re-certification of income in the form of lease or rental agreement used by the Developer for the lease or rental of the Affordable Housing Units shall be subject to prior review and approval by the City, the approval of which shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Assignment of Rents and Leases
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, Accessibility Requirements and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan Plan, Social services Plan, and Tenant Selection Plan approved by the County.
Appears in 1 contract
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan County Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Forty-Five Percent Income Household, or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(e) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. a. All tenant leases entered into with Qualified Tenants or tenants of a HOME Match-Eligible Unit during the XXXX Term or Contract Period, whichever period is longer, shall be in writing and contain provisions wherein each individual tenant (ai) No later than four (4) months prior to certifies the date rehabilitation accuracy of the Development is projected information provided in connection with the examination or reexamination of Annual Income of the household of such lessee, and in connection therewith, agrees to be complete, Borrower shall submit to the County for approval Borrower’s proposed execute an Income Certification form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved prescribed by the CountyDepartment, and (ii) agrees that the Annual Income and other eligibility requirements shall be deemed substantial and material obligations of his or her tenancy, that he or she will comply promptly with all requests for information with respect thereto from Development Owner or the Department, and that his or her failure to provide accurate information regarding such requirements (regardless of whether such inaccuracy is intentional or unintentional) or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of his or her tenancy and constitute cause for immediate termination thereof. Borrower may All tenant leases entered into with Qualified Tenants or tenants of a HOME Match-Eligible Unit during the Federal Affordability Period shall also contain provisions which are consistent with 10 TAC §10.613, and the NHTF and 24 CFR Part 92, as applicable, including, without limitation, the rent restrictions provided herein and allowing for necessary increases in rent pursuant to Sections 6.7(cb) and (d) of this Contract. All tenant leases entered into with Qualified Tenants during the Federal Affordability Period shall not permit contain provisions prohibited by Section 93.303 of the lease to Federal NHTF Regulations. Leases for tenants of a HOME Match-Eligible Unit during the Federal Affordability Period shall not contain any provision that is provisions prohibited by 24 C.F.R. Section 92.253(b) CFR §92.253. In addition, all tenant leases entered into with Qualified Tenants during the Federal Affordability Period shall be supplemented and any amendments theretoamended by an addendum to lease in a form prescribed by the Department.
b. Lease terms must be for one year unless mutually agreed upon by the Development Owner and the tenant. Borrower’s form Development Owner may not terminate the tenancy or refuse to renew the lease of lease must include any provisions necessary to comply with the requirements a tenant except for serious or repeated violations of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents terms and must, among other matters:
(1) provide for termination conditions of the lease lease, for failure to: (i) provide any information required under this HOME Regulatory Agreement violation of applicable federal state or reasonably requested by Borrower to establish or recertify the Tenant's qualificationlocal law, or the qualification for completion of the Tenant's household, tenancy period for occupancy Transitional Housing or for other good cause. Good cause does not include an increase in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, tenant’s income. To terminate or (ii) qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect refuse to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of renew tenancy, the lease may be month-to-month by mutual agreement of Borrower and Development Owner must serve written notice upon the Tenanttenant specifying the grounds for the action. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During For the HOME TermMatch-Eligible Unit, Borrower shall comply with , Development Owner must serve written notice upon the Marking Plan and Tenant Selection Plan approved by tenant at least thirty (30) days before the Countytermination or nonrenewal.
Appears in 1 contract
Samples: Multifamily Direct Loan Contract
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, 2.6 and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a1) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a rental lease form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programsCounty Manager or his designee. The rental lease form of lease must shall comply with all requirements of this HOME Regulatory Agreement, Agreement and the other AHIF Loan Documents and mustshall, among other matters:
(1i) provide for termination of the lease for failure tofailure: (iA) to provide any information required under this HOME Regulatory Agreement or reasonably requested by the Borrower to establish or recertify the Tenant's ’s qualification, or the qualification of the Tenant's ’s household, for occupancy in the Development Property in accordance with the standards set forth in this HOME Regulatory Agreement, or (iiB) to qualify as a Very Low Income an Income-Restricted Household as a result of any material misrepresentation made by such Tenant with respect to the income computationcomputation or certification;
(2ii) provide that residents of all Income-Restricted Units have full access to all amenities provided to other residents of the Property, if any, subject to the rules, regulations and conditions (including fees) governing the use of these facilities for all other Tenants as reasonably established by the Borrower;
(iii) be for an initial a term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no rent increase during such year other than as permitted by federal regulations. Borrower will provide each Tenant with at least thirty (30) days’ written notice of any increase in Rent during rent applicable to such year. After the initial year of tenancyTenant, the lease and with such further notice as may be month-to-month required by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 4.04(a) above; and
(3iv) include a provision that requires a Tenant who is residing in a Unit the nondiscrimination language required to be accessible pursuant to Section 3.9(b4.05(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitbelow.
(b2) During Subject to the HOME Termincome eligibility and occupancy requirements for Tenants as outlined in this Article IV, the Borrower shall comply with reserves the Marking Plan right to establish certain rental occupancy requirements and Tenant Selection Plan limitations in the leases, as approved by the CountyCounty Manager or his written designee. Specifically, but without limitation, Borrower reserves the right to (a) to apply Borrower’s typical credit and background check requirements to prospective Tenants, (b) limit household size for each Income-Restricted Unit in accordance with Borrower’s maximum occupancy standard or County standard, as Borrower may choose; and (c) prohibit the subletting or assigning of Income-Restricted Units.
Appears in 1 contract
Samples: Loan Agreement
Lease Provisions. (a1) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a rental lease form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programsCounty Manager or his designee. The rental lease form of lease must shall comply with all requirements of this HOME Regulatory Agreement, Agreement and the other AHIF Loan Documents and mustshall, among other matters:
(1i) provide for termination of the lease for failure tofailure: (iA) to provide any information required under this HOME Regulatory Agreement or reasonably requested by the Borrower to establish or recertify the Tenant's ’s qualification, or the qualification of the Tenant's ’s household, for occupancy in the Development Property in accordance with the standards set forth in this HOME Regulatory Agreement, or (iiB) to qualify as a Very Low Low-Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computationcomputation or certification;
(2ii) provide that residents of all Income-Restricted Units have full access to all amenities provided to other residents of the Property, if any, subject to the rules, regulations and conditions (including fees) governing the use of these facilities for all other Tenants as reasonably established by the Borrower;
(iii) be for an initial a term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no rent increase during such year other than as permitted by federal regulations. Borrower will provide each Tenant with at least thirty (30) days’ written notice of any increase in Rent during rent applicable to such year. After the initial year of tenancyTenant, the lease and with such further notice as may be month-to-month required by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 4.04(a) above; and
(3iv) include a provision that requires a Tenant who is residing in a Unit the nondiscrimination language required to be accessible pursuant to Section 3.9(b4.05(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitbelow.
(b2) During Subject to the HOME Termincome eligibility and occupancy requirements for Tenants as outlined in this Article IV, the Borrower shall comply with reserves the Marking Plan right to establish certain rental occupancy requirements and Tenant Selection Plan limitations in the leases, as approved by the CountyCounty Manager or his written designee. Specifically, but without limitation, Borrower reserves the right to (a) to apply Borrower’s typical credit and background check requirements to prospective Tenants, (b) limit household size for each Income-Restricted Unit in accordance with Borrower’s maximum occupancy standard or County standard, as Borrower may choose; and (c) prohibit the subletting or assigning of Income-Restricted Units.
Appears in 1 contract
Samples: Loan Agreement
Lease Provisions. (a1) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a rental lease form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programsCounty Staff. The rental lease form of lease must shall comply with all requirements of this HOME Regulatory Agreement, Agreement and the other Amended and Restated Loan Documents and mustshall, among other matters:
(1) i. provide for termination of the lease for failure tofailure: (i1) to provide any information required under this HOME Regulatory Agreement or reasonably requested by the Borrower to establish or recertify the Tenant's ’s qualification, or the qualification of the Tenant's ’s household, for occupancy in the Development Property in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii2) to qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computationcomputation or certification;
ii. provide that residents of all Income-Restricted Units have full access to all amenities provided to other residents of the Property, if any, subject to the rules, regulations and conditions (2including fees) governing the use of these facilities for all other Tenants as reasonably established by the Borrower;
iii. be for an initial a term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no rent increase during such year other than as permitted by federal regulations. Borrower will provide each Tenant with at least thirty (30) days’ written notice of any increase in Rent during rent applicable to such year. After the initial year of tenancyTenant, the lease and with such further notice as may be month-to-month required by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 4.02(g) above; and
(3) iv. include a provision that requires a Tenant who is residing in a Unit the nondiscrimination language required to be accessible pursuant to Section 3.9(b4.04(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unitbelow.
(b2) During Subject to the HOME Termincome eligibility and occupancy requirements for Tenants as outlined in this Article IV, the Borrower shall comply with reserves the Marking Plan right to establish certain rental occupancy requirements and Tenant Selection Plan limitations in the leases, as approved by the CountyCounty Staff. Specifically, but without limitation, Borrower reserves the right to (a) to apply Borrower’s typical credit and background check requirements to prospective Tenants, (b) limit household size for each Income-Restricted Unit in accordance with Borrower’s maximum occupancy standard or County standard, as Borrower may choose; and (c) prohibit the subletting or assigning of Income-Restricted Units.
Appears in 1 contract
Samples: Community Development Block Grant Subrecipient and Affordable Housing Investment Fund Loan Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be completeAll terms, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review covenants, and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards conditions set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very Low Income Household as a result the Lease of any material misrepresentation made by such Tenant even date herewith with respect to the income computation;
original terms shall apply to any Extended Term: provided, however, that the rent or base annual rent as provided for in this Lease shall be adjusted at the commencement of any Extended Term by an amount equal to four percent (24%) be for an initial term of not less than one (1) year, unless over and above the base rent paid by mutual agreement between Tenant in the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial last year of tenancy, the original lease may be month-to-month by mutual agreement term. Subsequent increases during the remainder of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
extended term shall equal four percent (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b4%) of the Loan Agreementamount of rent paid by Tenant during the year preceding each annual increase. Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT A [GRAPHIC] BY RECIPROCAL EASEMENT AGREEMENT, PARKING IS PERMITTED ON THE LOT ADJACENT. Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT B [GRAPHIC] Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT B-1 [GRAPHIC] Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT D RULES AND REGULATIONS ---------------------
1. Tenant will comply with all rules and regulations issued by all governmental agencies whose jurisdiction affects the Leased Premises or the Building of which the Leased Premises are a part (the "Building"). Tenant shall not make any alterations to the Building without first obtaining the written permission of Landlord which shall not be unreasonably withheld and all appropriate and necessary governmental permits and/or licenses.
2. When electric wiring of any kind is introduced, it must be connected as directed by Landlord, and who is not in need no stringing or cutting of an accessible Unit wires will be allowed, except with the prior written consent of Landlord, and shall be done only by contractors approved by Landlord. The number and location of telephones, telegraph instruments, electric appliances, call boxes, etc., shall be subject to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible UnitLandlord's approval.
(b) During 3. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed, printed or affixed on or to any part of the HOME Termoutside or inside of the Building without the Tenant first obtaining the written consent of Landlord which shall not be unreasonably withheld. Landlord shall have the right to remove any such sign, Borrower placard, picture, advertisement, name or notice without notice to and at the expense of Tenant. All approved signs or lettering on doors shall comply with be printed, painted, or affixed or inscribed at the Marking Plan and expense of Tenant Selection Plan by a person or company approved by the CountyLandlord. Landlord shall not place anything or allow anything to be placed near or on the glass of any window, door, partition of wall which may appear unsightly from outside the premises.
Appears in 1 contract
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Forty Percent Income Household, or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(f) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) Any termination of a lease or refusal to renew a lease for a County- Assisted Unit must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action.
(c) During the HOME Term, Borrower shall comply with the Marking Plan Plan, Social Services Plan, and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s 's proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, Accessibility Requirements and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action.
(c) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower Developer shall submit to the County for approval BorrowerDeveloper’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower Developer shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan County Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower Developer to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Very Low Income Household, or Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and BorrowerDeveloper, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower Developer and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(e) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower Developer shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/CDBG Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/CDBG Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/CDBG Regulatory Agreement, or (ii) qualify as a Very Low Income Household or Sixty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home/CDBG Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to In leasing the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the a form of lease approved by the County. Borrower may The lease must not permit the lease to contain any provision that which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents and must, among other matters:
(1a) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Twenty Percent Income Household, Thirty-Five Percent Income Household, Forty Percent Income Household, or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2b) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 (a) above; and.
(3c) include a provision that which requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, 2.4 and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Very Low Income Household, or Forty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/HOPWA Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan Plan, Social Services Plan, and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home/Hopwa Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME County Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME County Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME County Regulatory Agreement, or (ii) qualify as a Very Low Income Household or Sixty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(e) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) Any termination of a lease or refusal to renew a lease for a County Assisted Unit within the Development must be preceded by not less than sixty (60) days written notice to the Tenant by Borrower specifying the grounds for the action.
(c) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. a. All tenant leases entered into with Qualified Tenants during the Affordability Period or Contract Period, whichever period is longer, shall be in writing and contain provisions wherein each individual tenant (ai) No later than four (4) months prior to certifies the date rehabilitation accuracy of the Development is projected information provided in connection with the examination or reexamination of Annual Income of the household of such lessee, and in connection therewith, agrees to be complete, Borrower shall submit to the County for approval Borrower’s proposed execute an Income Certification form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved prescribed by the CountyDepartment, and (ii) agrees that the Annual Income and other eligibility requirements shall be deemed substantial and material obligations of his or her tenancy, that he or she will comply promptly with all requests for information with respect thereto from Development Owner or the Department, and that his or her failure to provide accurate information regarding such requirements (regardless of whether such inaccuracy is intentional or unintentional) or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of his or her tenancy and constitute cause for immediate termination thereof. Borrower may All tenant leases entered into with Qualified Tenants during the Affordability Period shall also contain provisions which are consistent with 10 TAC §10.613 and the Uniform Multifamily Rules, including, without limitation, the rent restrictions provided herein and allowing for necessary increases in rent pursuant to Section 6.7(c) and (d) herein. All tenant leases entered into with Qualified Tenants during the Affordability Period shall not permit the lease to contain any provision that is provisions prohibited by 24 C.F.R. Section 92.253(b) CFR §92.253.
b. Lease terms must be for one year unless mutually agreed upon by the Development Owner and any amendments theretothe tenant. Borrower’s form Development Owner may not terminate the tenancy or refuse to renew the lease of lease must include any provisions necessary to comply with the requirements a tenant except for serious or repeated violations of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreement, the other Loan Documents terms and must, among other matters:
(1) provide for termination conditions of the lease lease, for failure to: (i) provide any information required under this HOME Regulatory Agreement violation of applicable federal state or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification local law; for completion of the Tenant's household, tenancy period for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, transitional housing or (ii) qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect for other good cause. To terminate or refuse to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of renew tenancy, Development Owner must serve written notice upon the lease may be month-to-month by mutual agreement of Borrower and tenant specifying the Tenant. Notwithstanding grounds for the above, any rent increases are subject to action at least thirty (30) days before the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant termination or prospective Tenant is in need of an accessible Unitnonrenewal.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Tcap Repayment Funds Multifamily Direct Loan Contract
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/HOPWA Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household or Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Marketing Plan, Tenant Selection Plan, and Social Services Plan approved by the County.
Appears in 1 contract
Samples: Home/Hopwa Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior Development Owner shall meet the applicable requirements of 10 TAC §10.613 related to Lease Requirements for at least those tenant leases entered into with tenants of HOME Match-Eligible Units during the Affordability Period. Moreover, any such lease must also contain provisions consistent with the State Multifamily Rules, HOME Regulations as applicable to the date rehabilitation HOME Match-Eligible Unit, and the rent and income requirements provided in Section 6.6 and this Section 6.7 of the Development Contract. Provisions prohibited under the HOME Regulations shall not be permitted in any such lease during the Affordability Period, whichever is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approvallonger. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply All tenant leases entered into with the requirements tenants of HOME Match-Eligible Units during the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4Affordability Period, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME Regulatory Agreementwhichever is longer, the other Loan Documents shall be in writing and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME Regulatory Agreement, or (ii) qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless mutually agreed upon by mutual agreement between Development Owner and the Tenant and Borrowertenant, and provide for no increase must contain provisions where each individual tenant: certifies the accuracy of the information provided in Rent during connection with the examination or reexamination of Annual Income of the household of such year. After lessee, and in connection therewith, agrees to execute an Income Certification form prescribed by the initial year Department; and agrees that the Annual Income and other eligibility requirements shall be deemed substantial and material obligations of tenancy, tenant will comply promptly with all requests for information with respect thereto from Development Owner or the Department, and that tenant’s failure to provide accurate information regarding such requirements (regardless of whether such inaccuracy is intentional or unintentional) or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of tenant’s tenancy and constitute cause for immediate termination thereof. All tenant leases entered into with the tenants of a HOME Match-Eligible Unit during the Affordability Period shall be supplemented and amended by an addendum to lease in a form prescribed by the Department. Tenant lease terms must be for one (1) year unless mutually agreed upon by the Development Owner and the tenant. Development Owner may not terminate the tenancy or refuse to renew the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) tenant except for serious or repeated violations of the Loan Agreementterms and conditions of the lease; violation of applicable federal, and who is state, or local law; or for other good cause. Good cause does not include an increase in need the tenant’s income. To terminate or refuse to renew tenancy for a HOME Match-Eligible Unit, the Development Owner must serve written notice upon the tenant specifying the grounds for the action at least thirty (30) days before the termination or nonrenewal. Tenant leases entered into with tenants of an accessible Unit to move to a nonHOME Match-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible UnitEligible Units during the Affordability Period shall not contain provisions prohibited by 24 CFR §92.253.
(b) During the HOME Term, Borrower shall comply with the Marking Plan and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Multifamily Direct Loan Contract
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOME/HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOME/HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOME/HOPWA Regulatory Agreement, or (ii) qualify as a an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Sixty Percent Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation;, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status.
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and.
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b2.1(d) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME Term, Borrower shall comply with the Marking Plan Plan, Social services Plan, and Tenant Selection Plan approved by the County.
Appears in 1 contract
Samples: Home/Hopwa Regulatory Agreement
Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME HOPWA Regulatory Agreement, the other Loan Documents and must, among other matters:
(1) provide for termination of the lease for failure to: (i) provide any information required under this HOME HOPWA Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME HOPWA Regulatory Agreement, or (ii) qualify as a Very an Extremely Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation, or (iii) qualify as a HOPWA-Eligible Household when and if applicable as a result of any material misrepresentation made by such Tenant with respect to HIV/AIDS status;
(2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and
(3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit.
(b) During the HOME HOPWA Term, Borrower shall comply with the Marking Plan and Marketing Plan, Tenant Selection Plan, and Social Services Plan approved by the County.
Appears in 1 contract
Samples: Hopwa Regulatory Agreement