Common use of Occupancy of Affordable Housing Units Clause in Contracts

Occupancy of Affordable Housing Units. A. Before a prospective Affordable Housing Tenant may rent an AHU, he or she must meet the eligibility criteria established in the Lease and this Exhibit B-2, including, but not limited tothe household income limitations for eligible households. The Tenant is responsible for determining that the proposed Affordable Housing Tenant household meets the eligibility criteria applicable to an Affordable Housing Tenant household for the applicable AHU at a particular AMIlevel. B. Affordable Housing Tenants must occupy the AHUs as their domicile and shall provide an executed affidavit on an annual basis certifying their continuing occupancy of the units. Affordable Housing Tenants shall provide such affidavit to the Tenant by the date that may be specified in their Affordable Housing Lease or that may otherwise be specified by the Tenant. C. The Affordable Housing Lease shall provide that in the event an Affordable Housing Tenant fails to provide Tenant with an executed affidavit as provided for in the preceding paragraph within thirty (30) days after a written request for such affidavit, then the Affordable Housing Lease shall automatically terminate, become null and void, and shall require the occupant to vacate the unit within thirty (30) days after written notice from the Tenant. Tenant shall take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. D. Except as specifically provided for in the Lease, this Exhibit B-2, and pursuant to the LIHTC Program (for those AHUs to which the LIHTC Program is applicable), if a renter of an AHU no longer meets the Affordable Housing Tenant criteria, as a result of increased incomeor other factors (subject to Section 3.B of this Exhibit B-2), then at the end of the applicable Affordable Housing Lease term, Tenant shall require the occupant to vacate that AHU and Tenant shall take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. E. The Affordable Housing Lease shall provide that in the event an Affordable Housing Tenant fails to occupy the applicable AHU for a period in excess of sixty (60) days, a default under the applicable Affordable Housing Lease shall occur. The Affordable Housing Lease shall automatically terminate, become null and void and Tenant shall require occupants to vacate the AHU within thirty (30) days of written notice from the Tenant and Tenant shall take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease.

Appears in 2 contracts

Samples: Ground Lease, Ground Lease

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Occupancy of Affordable Housing Units. A. Before a prospective Affordable Housing Tenant may rent an AHU, he or she must meet the eligibility criteria established in the Lease and this Exhibit B-2F, including, but not limited tothe to the household income limitations for eligible households. The Tenant is responsible for determining that the proposed Affordable Housing Tenant household meets the eligibility criteria applicable to an Affordable Housing Tenant household for the applicable AHU at a particular AMIlevelAMI level. B. Affordable Housing Tenants must occupy the AHUs as their domicile and shall will provide an executed affidavit on an annual basis certifying their continuing occupancy of the units. Affordable Housing Tenants shall will provide such affidavit to the Tenant by the date that may be specified in their Affordable Housing Lease or that may otherwise be specified by the Tenant. C. The Affordable Housing Lease shall will provide that in the event an Affordable Housing Tenant fails to provide Tenant with an executed affidavit as provided for in the preceding paragraph within thirty (30) 30 days after a written request for such affidavit, then the Affordable Housing Lease shall will automatically terminate, become null and void, and shall will require the occupant to vacate the unit within thirty (30) 30 days after written notice from the Tenant. Tenant shall will take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. D. Except as specifically provided for in the Lease, this Exhibit B-2F, and pursuant to the LIHTC Program (for those AHUs to which the LIHTC Program is applicable), if a renter of an AHU no longer meets the Affordable Housing Tenant criteria, as a result of increased incomeor income or other factors (subject to Section 3.B of this Exhibit B-2F), then at the end of the applicable Affordable Housing Lease term, Tenant shall will require the occupant to vacate that AHU and Tenant shall will take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. E. The Affordable Housing Lease shall will provide that in the event an Affordable Housing Tenant fails to occupy the applicable AHU for a period in excess of sixty (60) 60 days, a default under the applicable Affordable Housing Lease shall will occur. The Affordable Housing Lease shall will automatically terminate, become null and void and Tenant shall will require occupants to vacate the AHU within thirty (30) 30 days of written notice from the Tenant and Tenant shall will take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease.

Appears in 1 contract

Samples: Deed of Lease

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Occupancy of Affordable Housing Units. A. Before a prospective Affordable Housing Tenant may rent an AHU, he or she must meet the eligibility criteria established in the Lease and this Exhibit B-2F, including, but not limited tothe to the household income limitations for eligible households. The Tenant is responsible for determining that the proposed Affordable Housing Tenant household meets the eligibility criteria applicable to an Affordable Housing Tenant household for the applicable AHU at a particular AMIlevelAMI level. B. Affordable Housing Tenants must occupy the AHUs as their domicile and shall provide an executed affidavit on an annual basis certifying their continuing occupancy of the units. Affordable Housing Tenants shall provide such affidavit to the Tenant by the date that may be specified in their Affordable Housing Lease or that may otherwise be specified by the Tenant. C. [The Affordable Housing Lease shall provide that in the event an Affordable Housing Tenant fails to provide Tenant with an executed affidavit as provided for in the preceding paragraph within thirty (30) days after a written request for such affidavit, then the Affordable Housing Lease shall automatically terminate, become null and void, and shall require the occupant to vacate the unit within thirty (30) days after written notice from the Tenant. Tenant shall take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. – THIS SECTION SUBJECT TO FURTHER NEGOTIATION AND MODIFICATION.] D. Except as specifically provided for in the Lease, this Exhibit B-2F, and pursuant to the LIHTC Program (for those AHUs to which the LIHTC Program is applicable), if a renter of an AHU no longer meets the Affordable Housing Tenant criteria, as a result of increased incomeor income or other factors (subject to Section 3.B of this Exhibit B-2F), then at the end of the applicable Affordable Housing Lease term, Tenant shall require the occupant to vacate that AHU and Tenant shall take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. E. [The Affordable Housing Lease shall provide that in the event an Affordable Housing Tenant fails to occupy the applicable AHU for a period in excess of sixty (60) days, a default under the applicable Affordable Housing Lease shall occur. The Affordable Housing Lease shall automatically terminate, become null and void and Tenant shall require occupants to vacate the AHU within thirty (30) days of written notice from the Tenant and Tenant shall take appropriate enforcement action when necessary if such Affordable Housing Tenant fails to vacate the applicable unit. Provided Tenant has acted in accordance with the foregoing, a failure by an Affordable Housing Tenant to vacate a unit will not be considered an Affordable Housing Criteria Default under the terms of the Lease. – THIS SECTION SUBJECT TO FURTHER NEGOTIATION AND MODIFICATION.]

Appears in 1 contract

Samples: Deed of Lease

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