Common use of Non-Qualifying Household Clause in Contracts

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: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Very 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Income Household, or Forty Percent Income Household, as applicable, as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit.

Appears in 2 contracts

Samples: County Regulatory Agreement and Declaration of Restrictive Covenants, County Regulatory Agreement and Declaration of Restrictive Covenants

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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 TenantXxxxxx's lease, Borrower may: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Household or Very 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Household or Very Low Income Household, or Forty Percent Income Household, as applicable, as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(c), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit.

Appears in 1 contract

Samples: County Regulatory Agreement and Declaration of Restrictive Covenants

Non-Qualifying Household. IfSubject to Section 2.4(a) above for HOPWA- Assisted Units, 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 mayshall: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rentrent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, or Very 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 2.22.2(b)-(d), or designate another comparable Unit that is occupied by an Extremely Low Income Household, or Very Low Income Household, or Forty Percent Income Household, as applicable, as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit.

Appears in 1 contract

Samples: Home/Hopwa Regulatory Agreement

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County 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: (1) With 60 sixty (60) days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, ; and (2) Rent the next available Unit to an Extremely Low Income Household, Very Low Forty Percent Income Household, or Forty Sixty 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Forty Percent Income Household, or Forty Sixty Percent Income Household, as applicable, as a County County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County County-Assisted Unit.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County 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: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Very Low Forty-Five Percent Income Household, or Forty Percent Very Low Income Household as applicable, to comply with the requirements of Section 2.1 aboveabove as applicable, at a Rent not exceeding the applicable maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by an Extremely Low Income Household, Forty-Five Percent Income Household, or Very Low Income Household, or Forty Percent Income Household, as applicable, as a County County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County County-Assisted Unit.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County HOME/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 mayshall: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rentrent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Forty Sixty 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 2.22.2(b)-(e), or designate another comparable Unit that is occupied by an Extremely Low Income Household, Forty Percent Income Household, Very Low Income Household, or Forty Sixty Percent Income Household, Household as applicable, as a County HOME/HOPWA Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(c), the Unit with the over-income Tenant will no longer be considered a County HOME/HOPWA Assisted Unit.

Appears in 1 contract

Samples: Home/Hopwa Regulatory Agreement

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 mayshall: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rentrent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, or Very 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 2.22.2(b)-(d), or designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Forty Percent Income Household, or Forty Percent Very Low Income Household, as applicable, as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit.

Appears in 1 contract

Samples: Home/Hopwa Regulatory Agreement

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County County-Assisted Unit, the Borrower determines that the Tenant’s 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 Tenant may continue to occupy the Unit. Upon the Unit and upon expiration of such the Tenant's lease, Borrower may: lease and upon sixty (160) With 60 days’ advance days written notice, increase such Tenant’s the Rent must be increased to the lesser of (i) one-twelfth (1/121/12th) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the or fair market rentrent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent and the Borrower shall rent the next available Unit to an Extremely Low Income Household, Very Low Income Household, Household or Forty Percent Income Household 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 that is occupied by in the Development with an Extremely Low Income Household, Very Low Income Household, Household or Forty Percent Income Household, as applicable, as a County County-Assisted Unit, to meet the requirements of Section 2.1 above. On Upon renting the day that Borrower complies next available Unit in accordance with Section 2.1 or re-designating another Unit in accordance with this Section 2.4(f)the Development as a County-Assisted Unit, the Unit with the over-income Tenant will no longer be considered a County County-Assisted Unit.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

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 TenantXxxxxx's lease, Borrower may: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Household or Very 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Household or Very Low Income Household, or Forty Percent Income Household, as applicable, as a County County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(e), the Unit with the over-income Tenant will no longer be considered a County County- Assisted Unit.

Appears in 1 contract

Samples: County Regulatory Agreement and Declaration of Restrictive Covenants

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Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County 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 TenantXxxxxx's lease, Borrower may: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low a Thirty Percent Income Household, Forty Percent Income Household, or Very 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 designate another comparable Unit that is occupied by an Extremely Low a Thirty Percent Income Household, Very Low Forty Percent Income Household, or Forty Percent Very Low Income Household, as applicable, as a County County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County County-Assisted Unit.

Appears in 1 contract

Samples: County Regulatory Agreement and Declaration of Restrictive Covenants

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 Forty-Five Percent Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such TenantXxxxxx's lease, Borrower may: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rentrent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, Very Low Forty Percent Income Household, or Forty Forty-Five 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Forty Percent Income Household, or Forty Forty-Five Percent Income Household, as applicable, as an Extremely Low Income Unit, a County Assisted Forty Percent Income Unit, or a Forty-Five Percent Income Unit, as applicable, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.5(c), the Unit with the over-income Tenant will no longer be considered a County County- Assisted Unit.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County 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: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Forty Percent Income Household, or Very 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Forty Percent Income Household, or Forty Percent Very Low Income Household, as applicable, as a County County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County County-Assisted Unit.

Appears in 1 contract

Samples: County Regulatory Agreement and Declaration of Restrictive Covenants

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County HOME-Assisted Unit that is not a HOPWA 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 mayshall: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rentrent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to an Extremely Low Income Household, or a Very 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, or Very Low Income Household, or Forty Percent Income Household, as applicable, as a County HOME-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(d), the Unit with the over-income Tenant will no longer be considered a County HOME- Assisted Unit.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

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: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Very 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 designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Income Household, or Forty Percent Income Household, as applicable, Household as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f2.4(e), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit.

Appears in 1 contract

Samples: County Regulatory Agreement and Declaration of Restrictive Covenants

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