Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower may:
Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower shall:
Non-Qualifying Household. Subject to Section 2.4(a) through Section 2.4(b) above for HOPWA-Assisted Units, if during the HOPWA Term, upon the annual certification of the income a Tenant of a HOPWA-Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower shall:
Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, the Borrower determines that the income of an Extremely Low Income Household or Forty Percent Income Household has increased above the qualifying limit for a Low Income Household, such Tenant shall be permitted to retain the Unit and upon expiration of the Tenant's lease and upon sixty (60) days written notice, the Rent must be increased to the lesser of one-twelfth (1/12th) of thirty percent (30%) of the actual Adjusted Income of the Tenant, or fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and the Borrower shall rent the next available Unit to an Extremely Low Income Household or Forty Percent Income Household, as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or re-designate another comparable Unit in the Development with an Extremely Low Income Household or Forty Percent Income Household, as applicable, as a County-Assisted Unit, to meet the requirements of Section 2.1 above. Upon renting the next available Unit in accordance with Section 2.1 or re-designating another Unit in the Development as a County-Assisted Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit.
Non-Qualifying Household. If, upon recertification of the income of a Tenant of a Unit, the County or the County Designee determines that a former Very Low-Income Tenant has an Adjusted Income exceeding the maximum qualifying income for a Very Low- Income Tenant (and the Tenant remains MHSA Eligible), such Tenant will be permitted to continue occupying the Unit and the Rent paid by such Tenant will remain at the level set forth in Section 2.2 above.
Non-Qualifying Household. If, upon recertification of a Tenant's income, the DEVELOPER determines that a Tenant has an Adjusted Income exceeding one hundred twenty percent (120%) of Area Median Income, adjusted for Actual Household Size, such Tenant shall be permitted to continue to occupy the Unit and such Tenant's Rent may be increased to one-twelfth of thirty percent (30%) of the household's actual income, adjusted for Assumed Household Size, upon ninety (90) days written notice to the Tenant, and the DEVELOPER shall rent the next available Unit to a Very Low Income Household or Low Income Household as applicable, at a Rent not exceeding the maximum Rent specified in Section 2.2(a) or 2.2(b), as applicable.
Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the income of a Very Low Income Household or Sixty Percent Household has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower may: (1) with thirty (30) days advance written notice, increase such Tenant's Rent to one-twelfth (1/12th ) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (2) rent the next available Unit to a Very Low Income Household or Sixty Percent Household, as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by a Very Low Income Household or Sixty Percent Household, as applicable, as a Very Low Income Unit or Sixty Percent Unit, to meet the requirements of Section 2.1 above.
Non-Qualifying Household. If, upon recertification of the income of an Eligible Tenant of an Affordable Unit, the Developer determines that such Tenant’s income exceeds 140 percent of the AMI, such Tenant may be permitted to continue to occupy the unit at the then current market rate rent or be provided with a sixty (60) day notice of the lease non-renewal, effective from and after the date of such failure to requalify (i.e., the recertification date, provided the tenant was properly certified originally). Developer shall rent the next available unit of comparable size to the applicable Very Low- and/or Low-Income Household to meet the requirements of Section 1 above. Developer shall maintain the occupancy requirements set forth in Section 1(a) above and shall also be reported annually in accordance with monitoring requirements set forth in Section 9. Developer’s failure to provide such Affordable Unit to a household an Eligible Tenant hereunder shall constitute a material default under this Agreement.
Non-Qualifying Household. If, upon the annual certification of the Tenant’s income, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Residence. Upon the expiration of such Tenant's lease, Borrower may: with thirty (30) days advance written notice, increase the Tenant's Rent to one-twelfth (1/12th ) of thirty percent (30%) of the actual Adjusted Income of the Tenant.
Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the income of a Very Low Income Household has increased above the qualifying limit for a Low Income Household, such Tenant shall be permitted to retain the Unit and upon expiration of the Tenant's lease and upon sixty (60) days written notice, the Rent must be increased to the lesser of one-twelfth (1/12th) of thirty percent (30%) of the actual Adjusted Income of the Tenant, or fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and Borrower shall rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or re- designate another comparable Unit in the Development with Very Low Income Household as a County-Assisted Unit, to meet the requirements of Section 2.1 above. Upon renting the next available Unit in accordance with Section 2.1 or re-designating another Unit in the Development as a County-Assisted Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit.
