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forth in the Regulatory Agreement and the Management Plan which is required to be submitted and approved by the Agency pursuant to Section 401.9. 401.4 Household Income Requirements. Following the initial lease-up of the Rental tai Uai is in each of Phase -1 and Phase R-2, and annually thereafter, the Developer shall submit to the Agency, at the Developer's expense, a summary of the income, household size and rent payable by each of the tenants of the Rental Units of such Phase. At the Agency's request, the Developer shall also provide to the Agency completed income computation and certification forms, in a form reasonably acceptable to the Agency, for any such tenant or tenants. The Developer shall obtain, or shall cause to be obtained by the Property Manager, a certification from each household leasing a RentaJ Unit demonstrating that such household is a 'fiery Lour Income Household or Extremely Low Income Household, as applicable, and meets the eligibility requirements established for the Rental Unit. The Developer shall verify, or shall cause to be verified b y the Property Manager* the i nc orne certification of the household. 401.5 Affordable Rent. The maximum Monthly Rent chargeable for the Rental Units shall be annually determined in accordance with the following requirements. The Monthly Rent for the Rental Units to be rented to Extremely Low Income Household s shall not exceed the requirements of TCAC and the Monthly Rent for the Rental units to be rented to Very Low Income Households shall not exceed the more restrictive of i TCAC or (ii) the amount set forth in S eetion 5005 b of the California Health and Safety Code. For purposes of this Agreement, "'Monthly en C' means the total of monthly payments charged to and paid by tenants fora use and occupancy of each Rental Unit and land and facilities associated therewith, h any separately charged fees or service charges assessed b the Developer which are required of all tenants, other than security deposits, e a reasonable allowance for an adequate level of service of utilities not included in a orb above, including garbage collection, sewer, water, electricity, gas and other heating* cooking and refrigeration fuels, but not including telephone service, vice, and d possessory interest, tars or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the Developer. In the event that all utility charges are paid by the landlord rattier than the tenant, no utility allowance shall be deducted from the rent. "'Monthly erg t" does not include optional payments by tenants for opt ion al services provided by the Developer or the Property Manager. 401.6 Occupancy Limits. The maximum occupancy of the Dental Units shall not exceed more than such nu m h er of persons as is equal to the sum of the number of bedrooms in the unit, multiplied by two , plus one (1). For the two bedroom units, the maximum occupancy shall not exceed f ve persons. For the three bedroom units, the maximum occupancy shall not exceed seven 7 persons. 401.7 Marketing Program. The Developer shall prepare and obtain Agency Executive Director's approval, which approval shall not be unreasonably withheld, of a marketing program for the leasing of the Rental Units within each Phase (the "Marketing Program"). The leasing of the Rental Units shall he marketed in accordance with the approved Marketing Fro gram as the same may be amended from time to time with Acvency Executive Director's prior written approval, which approval shall not unreasonably be withheld. The DOC S S 14 00 73v 14/200272 -000 l