Selection of Tenants. Tenant shall be responsible for the selection of subtenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a subtenant selection system which shall be approved by Executive Director in her reasonable discretion, which establishes a chronological waiting list system for selection of subtenants, which shall be set forth in the Marketing Program and the Property Management Plan, both of which are required to be submitted by Tenant and approved by Landlord pursuant to Sections 408 and 410 of the Affordable Housing Agreement. Subject to applicable Fair Housing Laws and MHP Regulations regarding eligible tenant preferences, Landlord shall be afforded a first right of refusal in referring eligible subtenants to Housing Units, in the following order of priority: (a) Low Income Households or Very Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department; (b) Low Income Households or Very Low Income Households, as applicable, who have applied for and have received rental vouchers from Landlord; (c) Low Income Households or Very Low Income Households, as applicable, who are listed on Landlord’s waiting list for affordable housing and who live and/or work in Anaheim; and (d) Low Income Households or Very Low Income Households, as applicable, who live and/or work in the City. Tenant shall not refuse to lease to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to the holder of a comparable document evidencing participation in a program pursuant to the HOME Investment Partnership Act, 42 U.S.C. §12701, et seq. and the implementing regulations located at 24 CFR part 92, as such now exist and as may hereafter be amended, a
Appears in 1 contract
Samples: Implementation Agreement
Selection of Tenants. Tenant Developer shall be responsible for the selection of subtenants tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a subtenant tenant selection system which shall be approved by Authority Executive Director in her reasonable discretion, which establishes a chronological waiting list system for selection of subtenantstenants, which shall be set forth in the Marketing Program and the Property Management Plan, both of which are required to be submitted by Tenant Developer and approved by Landlord Authority pursuant to Sections 202, 408 and 410 of 411.2 hereof for each Project and as a Condition Precedent to the Affordable Housing AgreementClosing. Subject to applicable Fair Housing Laws and MHP Regulations regarding eligible tenant preferencesLaws, Landlord the Authority shall be afforded a first right of refusal in referring eligible subtenants tenants to Housing Units, in the following order of priority:
(ai) Low Income Households or Very Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department;
(bii) Low Income Households or Very Low Income Households, as applicable, who have applied for and have received rental vouchers from LandlordAuthority;
(ciii) Low Income Households or Very Low Income Households, as applicable, who are listed on LandlordAuthority’s waiting list for affordable housing and who live and/or work in Anaheim; and
(div) Low Income Households or Very Low Income Households, as applicable, who live and/or work in the CityAnaheim. Tenant Developer shall not refuse to lease to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to the holder of a comparable document evidencing participation in a program pursuant to the HOME Investment Partnership Act, 42 U.S.C. §12701, et seq. and the implementing regulations located at 24 CFR part 92, as such now exist and as may hereafter be amended, aa Section 8 voucher program or other tenant-based assistance program, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria (collectively “Voucher Programs”).
Appears in 1 contract
Samples: Affordable Housing Agreement
Selection of Tenants. Tenant (a) Developer shall be responsible for the selection of subtenants tenants for the Housing Units in compliance with all lawful applicable laws and reasonable criteriathis Agreement, and shall adopt a subtenant selection system which shall be approved by Executive Director in her reasonable discretion, which establishes a chronological waiting list system for selection of subtenants, which shall be as set forth in the Marketing Program and the Property Management Plan, both of which are Plan that is required to be submitted by Tenant to and approved by Landlord City pursuant to Sections 408 and 410 of the Affordable Housing this Agreement. Subject to applicable Fair Housing Laws and MHP Regulations regarding eligible tenant preferences, Landlord shall be afforded a first right of refusal in referring eligible subtenants to Housing Units, in the following order of priority:
(a) Low Income Households or Very Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department;.
(b) Low Income Households or Very Low Income HouseholdsTo the extent Housing Units are available, as applicable, who have applied for and have received rental vouchers from Landlord;
(c) Low Income Households or Very Low Income Households, as applicable, who are listed on Landlord’s waiting list for affordable housing and who live and/or work in Anaheim; and
(d) Low Income Households or Very Low Income Households, as applicable, who live and/or work in the City. Tenant Developer shall not refuse to lease to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) 982 or to the holder of a comparable document evidencing participation in a Section 8 Program or other tenant based assistance program solely on the basis of such certificate, voucher or comparable document, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria.
(c) In the event Developer rents a Required Affordable Unit to a household holding a portable rental voucher, the rental agreement (or lease agreement, as applicable) between Developer, as landlord, and the tenant shall expressly provide that m onthly Rent charged shall be the Affordable Rent required hereunder for the Housing Unit (not fair market rent) and that the Rent collected directly from such tenant holding a portable rental voucher shall be not more than 30% of tenant' s actual gross income pursuant to the HOME Investment Partnership Actapplicable voucher program regulations; i.e., 42 U.S.C. §12701, et seq. the Rent charged to such tenant under the rental agreement shall be the Affordable Rent chargeable hereunder and not fair market rent for the implementing regulations located at 24 CFR part 92area, as would otherwise be permitted under the applicable portable rental voucher program. Thus, the subsidy payment to Developer under any portable rental voucher shall not exceed the difference between thirty percent (30%) of the tenant's actual gross income and Affordable Rent chargeable for the applicable H ousing Unit hereunder (and under the Regulatory Agreement).
(d) Notwithstanding anything to the contrary set forth in this Section 2.2, the City Manager may, in his or her sole and absolute discretion, permit the rental agreement (or lease agreement, as applicable) for a H ousing Unit to which a portable or project-based voucher is applied to charge a monthly rent amount higher than the Affordable Rent for such now exist and as may hereafter be amended, aHousing Unit (up to the applicable fair market rent).
Appears in 1 contract
Samples: Affordable Housing Agreement
Selection of Tenants. Tenant Developer shall be responsible for the selection of subtenants tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a subtenant tenant selection system which shall be approved by Authority Executive Director in her reasonable discretion, which establishes a chronological waiting list system for selection of subtenantstenants, which shall be set forth in the Marketing Program and the Property Management Plan, both of which are required to be submitted by Tenant Developer and approved by Landlord Authority pursuant to Sections 204, 408 and 410 hereof. To the extent provided by law, reasonable preference in the selection of the Affordable Housing Agreement. Subject to applicable Fair Housing Laws and MHP Regulations regarding eligible tenant preferences, Landlord tenants shall be afforded a first right of refusal in referring eligible subtenants given to Housing Units, in tenants pursuant to the following order of priority:
(a1) Low Income Households or Very Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by of the Anaheim City Community Development Department;,
(b2) Low Income Households or Very Low Income Households, as applicable, who have applied for and have received may receive rental vouchers from Landlord;or certificates pursuant to any of the Voucher Programs listed below,
(c3) Low Income Households or Very Low Income Households, as applicable, who are listed on Landlordthe Authority’s waiting list for affordable housing and who live and/or work in Anaheim; , and
(d4) Low Income Households or Very Low Income Households, as applicable, who live and/or work in the CityAnaheim. Tenant Developer shall not refuse to lease to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to the holder of a comparable document evidencing participation in a program pursuant to the HOME Investment Partnership Act, 42 U.S.C. §12701, et seq. and the implementing regulations located at 24 CFR part 92, as such now exist and as may hereafter be amended, aa Section 8 voucher, program or other tenant-based assistance program, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria (collectively “Voucher Programs”).
Appears in 1 contract
Samples: Affordable Housing Agreement
Selection of Tenants. Tenant shall be responsible for the selection of subtenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a subtenant selection system which shall be approved by Executive Director in her reasonable discretion, which establishes a chronological waiting list system for selection of subtenants, which shall be set forth in the Marketing Program and the Property Management Plan, both of which are required to be submitted by Tenant and approved by Landlord pursuant to Sections 408 and 410 of the Affordable Housing Agreement. Subject to applicable Fair Housing Laws and MHP Regulations regarding eligible tenant preferences, Landlord shall be afforded a first right of refusal in referring eligible subtenants to Housing Units, in the following order of priority:
(a) Low Income Households or Very Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department;
(b) Low Income Households or Very Low Income Households, as applicable, who have applied for and have received rental vouchers from Landlord;
(c) Low Income Households or Very Low Income Households, as applicable, who are listed on Landlord’s waiting list for affordable housing and who live and/or work in Anaheim; and
(d) Low Income Households or Very Low Income Households, as applicable, who live and/or work in the City. Tenant shall not refuse to lease to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to the holder of a comparable document evidencing participation in a program pursuant to the HOME Investment Partnership Act, 42 U.S.C. §12701, et seq. and the implementing regulations located at 24 CFR part 92, as such now exist and as may hereafter be amended, aa Section 8 voucher program or other tenant-based assistance program, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria (collectively ―Voucher Programs‖).
Appears in 1 contract
Samples: Implementation Agreement