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2.2.1.2 Occupancy Requirements for HOME-Assisted Units. (a) At least one(1)of the three HOME-Assisted units must be occupied by or available for occupancy by households whose gross household income does not exceed the Very Low-Income limit as specified below. The rent for such unit, including tenant paid utilities, may not exceed the Low HOME Rent specified above. All remaining HOME-Assisted units must be occupied by households whose gross household income does not exceed the HOME Income Limit as specified below, except that after initial occupancy,tenant incomes in these units may increase up to 80%AMI. The rent for such units, including tenant paid utilities, may not exceed the High HOME Rent. (b) As used in this Section 2.2.1: (i)"Very Low-Income"means the qualifying income with adjustments for family size for very low-income households as established by HUD pursuant to Section 8 of the United States Housing Act of 1937, as amended, as such limits may be adjusted from time to time, and(ii)"HOME Income Limit"means gross household income no greater than 60%of area median income, adjusted for family size, as determined by HUD and as adjusted by HUD from time to time. (c) For the purpose of determining whether a household is an Eligible Household, for the HOME-Assisted Units, gross household income shall be determined in accordance with 24 CFR 5.609 and adjusted in accordance with 24 CFR 5.611. Owner shall certify each tenant's income in accordance with HOME regulation 24 CFR Section 92.203(a)(1)(i), and shall re-certify each tenant's income in accordance with 24 CFR Section 92.252(h). (d) Leases for HOME-Assisted units shall comply with the provisions enumerated at HOME regulation 24 CFR 92.254, Tenant and Participant Protections. 2.2.1.3 Duration of Rent and Occupancy Restrictions for HOME-Assisted Units. The HOME rent and occupancy restrictions set forth in Subsections 2.2.1.1 and 2.2.1.2 shall remain in effect for a period of twenty(20)years (the "HOME Restriction Term"), commencing upon the City's issuance of a final certificate of occupancy or equivalent for the Project. Following the expiration of such 20-year period,the HOME- Assisted Units shall be subject to the rent and occupancy restrictions set forth in Sections 2.2 and 2.3. 2.2.2 Compliance with HOME Requirements and City HOME Loan Agreement. Owner shall comply with all provisions of the City HOME Loan Agreement and all statutes and regulations pertaining to the HOME program. Without limiting the generality of the foregoing, throughout the term of this Agreement, Owner shall comply with the following: 7 OAK #4832-3506-8205 v2