Lease Provisions. In newly leasing the Units within the Development, Borrower shall use a form of lease approved by the County, which approval shall not be unreasonable withheld or delayed. The lease must not contain any provision which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. The form of lease must comply with all requirements of this Agreement, the other Loan Documents and must, among other matters: (a) provide for termination of the lease for failure to: (i) provide any information required under this 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 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. (b) 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. (c) include a provision which requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.11 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.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. In newly leasing the Units within the Development, Borrower shall use a form of lease approved by the County when leasing any County, which approval shall not be unreasonable withheld or delayed-Assisted Units within the Development. The lease must not contain any provision which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. The form of lease must comply with all requirements of this Agreement, the other Loan Documents Agreement, and must, among other matters:
(a) provide for termination of the lease for failure to: (i) provide any information required under this 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 Agreement, or (ii) qualify as a Very an Extremely 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.
(b) 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.
(c) include a provision which requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.11 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.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. In newly leasing the Units within the Development, Borrower shall use a form of lease approved by the County, which approval shall not be unreasonable withheld or delayed. The lease must not contain any provision which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. The form of lease must comply with all requirements of this Agreement, the other Loan Documents and must, among other matters:
(a) provide for termination of the lease for failure to: (i) provide any information required under this 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 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.
(b) 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.
(c) include a provision which that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.11 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.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. In newly leasing the Units within the DevelopmentUnits, Borrower shall use a form of Tenant lease approved by the County, which approval shall not be unreasonable withheld or delayed. The lease must not contain any provision which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. The form of Tenant lease must shall comply with all requirements of this Agreement and the Loan Agreement, the other Loan Documents and mustshall, among other matters:
(a1) provide for termination of the lease and consent by the Tenant to immediate eviction for failure tofailure: (i) to provide any information required under this 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 Agreement, or (ii) to qualify as a Very Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation.
(b2) 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 shall be subject to the requirements of Section 2.3 (a) above2.3.
(c3) include a provision which requires shall require a Tenant who is residing in a Unit required to be made accessible pursuant to Section 3.11 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.
(4) shall not contain any provision which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Lease Provisions. In newly leasing the Units within the Development, Borrower shall use a form of lease approved by the County, which approval shall not be unreasonable withheld or delayed. The lease must not contain any provision which is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. The form of lease must comply with all requirements of this Agreement, the other Loan Documents Documents, and must, among other matters:
(a) provide for termination of the lease for failure to: (i) provide any information required under this 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 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.
(b) 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.
(c) include a provision which that requires a Tenant who is residing in a Unit required to be being accessible pursuant to Section 3.11 of the Loan Agreement 2.5 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.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants