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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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05/17/2022 Special and Regular
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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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9/25/2024 9:11:42 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
39
Date
5/17/2022
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<br />25 <br />Westview House <br />City Inclusionary Housing Program Loan Agreement <br />successors or assigns): <br />(a) Agreement by the tenant to be sued, to admit guilt, or to a <br />judgment in favor of the Developer in a lawsuit brought in connection with the lease; <br />(b) Agreement by the tenant that the Developer may take, hold, or sell <br />personal property of household members without notice to the tenant and a court decision <br />on the rights of the parties. This prohibition, however, does not apply to an agreement by <br />the tenant concerning disposition of personal property remaining in the Restricted Unit <br />after the tenant has moved out of the Restricted Unit. The Developer may dispose of this <br />personal property in accordance with state law; <br />(c) Agreement by the tenant not to hold the Developer or the <br />Developer’s agent legally responsible for any action or failure to act, whether intentional <br />or negligent; <br />(d) Agreement of the tenant that the Developer may institute a lawsuit <br />without notice to the tenant; <br />(e) Agreement by the tenant that the Developer may evict the tenant or <br />household members without instituting a civil court proceeding in which the tenant has <br />the opportunity to present a defense, or before a court decision on the rights of the <br />parties; <br />(f) Agreement by the tenant to waive any right to a trial by jury; <br />(g) Agreement by the tenant to waive the tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lease; and, <br />(h) Agreement by the tenant to pay attorney's fees or other legal costs <br />even if the tenant wins in a court proceeding by the Developer against the tenant. The <br />tenant, however, may be obligated to pay costs if the tenant loses. <br />11.4. Local Preference. Subject to compliance with applicable California and <br />federal fair housing laws, and the requirements of Section 142(d) and Section 42 of the <br />Internal Revenue Code (“Code”), local preference for Santa Ana residents and workers in <br />tenant selection shall be a requirement of the Project. Subject to applicable laws and <br />regulations governing nondiscrimination and preferences in housing occupancy required <br />by Section 142(d) of the Code, Section 42 of the Code, HUD or the State of California, as <br />well as the City of Santa Ana Affordable Housing Funds Policies and Procedures, the <br />Developer shall give preference in leasing units in the following order of priority: <br />(a) First priority shall be given to persons who have been permanently <br />displaced or face permanent displacement from housing in Santa Ana as a result of any of <br />the following: <br />(i) A redevelopment project undertaken pursuant to <br />California’s Community Redevelopment Law (Health & Safety Code Sections 33000, et <br />EXHIBIT 4
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