05 - JOINT PH - Vista Del Rio DDA

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Project would constitute an unjustified windfall to Vista Del Rio at the expense of Authority and the federal and state governments. Further, with respect to the HOME Units, the HOME Regulations prohibit application of any Project Based Section 8 assistance, Portable Voucher, or other rental subsidy that, cumulatively with the rent to be paid by the tenant household, exceeds an Affordable Rent calculated pursuant to the HOME Regulations. 3.4 Rent Increases. On an annual basis, the Executive Directors shall provide Vista Del Rio with the maximum allowable schedule of Affordable Rents for the Property in accordance with changes in allowable rent and income tables published by HUD and the State of California, provided however that the rent for the HOME units shall in no event be higher than the rent for the equivalent Assisted Unit. In no event shall Vista Del Rio charge any tenant more than the Affordable Rents prescribed for the Assisted Units pursuant to these Restrictions and as directed by the Executive Directors. 4. RENT LIMITATIONS. Vista Del Rio, its successors and assigns shall not charge rents for the Assisted Units in excess of the amounts set forth herein, as adjusted on the basis of the revised schedules of Area Median Income issued from time-to-time by HUD. The Executive Directors shall notify Vista Del Rio in writing of the adjusted allowable maximum incomes and rents. 5. MANAGEMENT PLAN. Vista Del Rio shall adopt and include as part of its Management Plan (described in Section 11 below), written tenant selection policies and criteria for the Assisted Units, that meet the following requirements: households; (a) Are consistent with the purpose of providing housing for Very Low Income (b) Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease; (c) Give reasonable consideration to the housing needs of households that would have a preference under 42 CFR §906.211 (Federal selection preferences for admission to Public Housing); (d) Provide for: (i) The selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and (ii) The prompt written notification to any rejected applicant of the grounds for any rejection; (e) To the extent allowed by applicable federal, state and local law, provide first priority in the selection of qualified eligible tenants to households that are referred by the City or Agency; (f) Carry out the Affirmative Marketing procedures of the City of Santa Ana, which are designed to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market area to the Assisted Units. Vista Del Rio, the City and Agency shall cooperate to effectuate this provision prior to the initial renting, or upon occurrence of a vacancy, and the re-renting of any Assisted Units (24 CFR 92.351); and B-9 DOCSOC/ 1475221v5/200272-0004