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Income Tenant shall continue to be treated as though they were a Low -Income Tenant even if <br />such person's or family's income later rises to a level that exceeds that limit. <br />(e) Initial Income Certification. Immediately prior to the occupancy of each unit by <br />a new tenant after the effective date of these declarations, Owner shall obtain, as outlined in the <br />OPA for the Property current income certification statements for the person or persons who will <br />occupy the unit. Owner shall make a good faith effort to verify each income certification <br />statement provided by an applicant for tenancy or by a tenant by taking one or more of the <br />following steps as part of the verification process: (a) obtain a pay stub for the most recent pay <br />period, (b) obtain an income tax return for the most recent tax year, (c) conduct a TRW credit or <br />similar search, (d) obtain income verification from the applicant's or tenant's current employer, <br />(e) obtain an income verification form from the Social Security Administration and/or the <br />California Department of Social Services if the applicant receives assistance from either of such <br />agencies, or (f) if the applicant is unemployed and/or has no such tax return, obtain another form <br />of independent verification. Owner shall provide a copy of each such income certification <br />statement to the City within one month of tenant occupancy along with a statement identifying <br />the rent being charged for occupancy. Owner shall maintain a tenant file with any necessary <br />background information regarding tenant certification as well as other information used for the <br />certification form. Information shall be made available to the City upon request. City shall <br />maintain list of tenants and current rent levels as provided by Owner. <br />(d) Form of Lease. The form of lease or rental agreement for each rental unit, shall <br />be agreed upon by the Association Board of Directors Owner agrees that all tenant lease <br />agreements must contain a non-discrimination clause and conform with State and Federal laws <br />regarding the provision of fair housing. Owner further agrees that all prospective tenants will be <br />notified that Owner has relied on the income certification supplied by the tenant in. determining <br />income -qualification for occupancy, and that any material misstatement in such certification will <br />be cause for immediate termination of such lease or rental agreement. <br />(e) Annual Report. Owner acknowledges that Agency, pursuant to Health and <br />Safety Code Section 33418, is required to (a) monitor, on an on -going basis, any Agency <br />program for housing affordable to persons and families of low or moderate income, and (b) as <br />part of that monitoring, require owners and/or managers of that housing to submit an annual <br />report to Agency. On an annual basis, Agency shall provide list of tenants and current rent levels <br />to Owner for verification. Owner agrees to verify Agency records and return signed form within <br />one month of receiving form. If records are inaccurate, then Owner must bring current all <br />information. <br />3.2 Apartment Use. Each Parcel and Unit shall be used only for private apartment <br />dwelling purposes, with appurtenant facilities including tenant and community service centers, <br />and for no other purposes. <br />EXHIBIT E: Page 8 of 24 <br />