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income mix is achieved. A dwelling unit shall qualify as "Rent Restricted" if the gross rent charged for such unit does not exceed the Affordable Rent for the applicable household income category as set forth in Exhibit B, subject to Section 2.2. Notwithstanding anything to the contrary contained in this Agreement, if other Project lenders, Project investors, or regulatory agencies restrict a greater number of units than restricted by this Agreement or require stricter household income eligibility or affordability requirements than those imposed hereby, the requirements of such other lenders, investors or regulatory agencies shall prevail, including without limitation, the rent and occupancy requirements imposed in connection with the use of project based vouchers or other rent subsidies. 2.2.1 HOME-Assisted Units: Floating HOME Units. Pursuant to the City HOME Loan Agreement, three(3)of the one-bedroom units in the Project are designated as "HOME-Assisted Units." One(1)of these shall be designated as a"Low HOME"unit, and two (2) shall be designated as "High HOME" units. The maximum monthly rent that may be charged for the"Low HOME" unit and the "High HOME" units shall be determined in accordance with the provisions of this Section 2.2.1. The units affected by the rent and occupancy requirements applicable to the HOME-Assisted Units(the"HOME Restrictions") shall be "floating" units, that is,there shall be no specified HOME-Assisted units, provided that the required number of units is occupied by or available for occupancy at the High HOME Rent or the Low HOME rent, as applicable, to Eligible Households in compliance with the requirements specified in this Section. The following requirements shall apply to the HOME- Assisted Units during the HOME Restriction Term. 2.2.1.1 Rent and Utilities for HOME-Assisted Units. (a) High HOME Rent. Monthly rent for the High HOME units shall not exceed"High HOME Rent"as established pursuant to 24 CFR Part 92.252(a). Rents for the High HOME units shall not exceed the lesser of(i)the Section 8 Fair Market Rents(FMRs), as established by HUD under 24 CFR Part 888.111 for existing housing, minus tenant-paid utilities, and(ii)one-twelfth of 30%of 60%of the Area Median Income, adjusted for family size, as determined by HUD and as adjusted by HUD from time to time. (b) Low HOME Rent. Monthly rent for the Low HOME unit shall not exceed "Low HOME Rent"as established pursuant to 25 CFR Part 92.252(b). Rents for the Low HOME unit shall not exceed one-twelfth of 30%of 50%of Area Median Income, adjusted for family size, as determined by HUD and as adjusted by HUD from time to time. (c) Deduction for Utilities. If the tenant is responsible for paying utilities, a utility allowance must be deducted from the rents described above. This allowance is calculated by HUD pursuant to 24 CFR Part 880 - 886 and should be obtained annually by contacting the Housing Authority of the County of Alameda(HACA). 6 OAK #4832-3506-8205 v2