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proceeding in which the tenant has the opportunity to present a defense, or <br />before a court decision on the rights of the parties; <br />(f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial <br />byjury; <br />(g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive <br />the tenant's right to appeal, or to otherwise challenge in court, a court decision <br />in connection with the lease; and <br />(h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome. <br />Agreement by the tenant to pay attorney's fees or other legal costs even if the <br />tenant wins in a court proceeding by the owner against the tenant. The tenant, <br />however, may be obligated to pay costs if the tenant loses. <br />4.9 Selection of Tenants. <br />4.9.1 Developer shall be responsible for the select,* -)f tenants for the Affordable <br />Units in compliance with lawful and reasonable criteria and the re,, ents of this Agreement. <br />4.9.2 Local preference for Santa Ana resi,' in tenant selection for <br />the Affordable Units shall be a requirement of t}te T It, ***to applicable laws and <br />regulations governing nondiscrimination and prey n, in occupancy required by the <br />State of California, the Developer shall giw -enc ;ing the Affordable Units to <br />households that live and/or work in the Citv of o ._ 101 _J have an active Housing Choice <br />Voucher issued by the Housing Authorit- 7 ti "ity o. 4a Ana or any other Public Housing <br />Authority. . ® - <br />4.9.3 All app <br />created from a lottery generat <br />track applicant name and <br />initial lottery), househo <br />deemed necessary. <br />by the City of Santa <br />and "lotterized." A waiting list will be <br />f rental applications. The waiting list will <br />number (or designated number after the <br />s of application, and any other information <br />as an electronic file and available for audit <br />lection procedures as set forth herein. <br />4.9.4 Priorental or lease of an Affordable Unit to a tenant(s), Developer <br />shall require the tenant(s) toe ecute a written lease and to complete a Tenant Income Verification <br />Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) <br />occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility <br />requirements established for the Affordable Unit. Developer shall verify the income of the <br />tenant(s) as set forth herein. <br />4.10 Income Verification and Certification. <br />Developer agrees to make a good faith effort to verify that the income and asset statement <br />provided by an applicant in an income certification is accurate by taking, at a minimum, at least <br />one of the following steps as a part of the verification process: (1) obtain three months consecutive <br />pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax <br />year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an <br />10 <br />60A-193 <br />