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<br />4879-3324-5885v3
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<br />3.7 Manager’s Units. Two (2) dwelling units in the Project may be used as resident
<br />manager’s units, and shall be exempt from the occupancy and rent restrictions set forth in this
<br />Agreement.
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<br />3.8 No Condominium Conversion. Owner shall not convert the Project to condominium
<br />or cooperative ownership or sell condominium or cooperative rights to the Project or any part
<br />thereof during the Term.
<br />3.9 Non-Discrimination; Compliance with Fair Housing Laws.
<br /> 3.9.1 Preference for City of Pleasanton Residents and Employees. In order to
<br />ensure that there is an adequate supply of affordable housing within the City of Pleasanton for
<br />residents and employees of businesses within the City, to the extent permitted by law and
<br />consistent with the program regulations for funding sources used for the Project, Owner shall
<br />give a preference in the rental of the Restricted Units to Eligible Households that include a
<br />member who lives or works in the City of Pleasanton. Notwithstanding the foregoing, in the
<br />event of a conflict between this provision and Applicable Rules and Regulations, the provisions
<br />of such Applicable Rules and Regulations shall control. Owner shall comply with City’s
<br />affirmative marketing policies and procedures as they may be amended from time to time to
<br />ensure that City residents and people who work in Pleasanton are provided reasonable notice and
<br />opportunity to rent units in the Project.
<br /> 3.9.2 Fair Housing; Section 8 Vouchers. Owner shall comply with State and
<br />federal fair housing laws in the marketing and rental of the Restricted Units. Owner shall accept
<br />as tenants, on the same basis as all other prospective tenants, persons who are recipients of rent
<br />subsidies, including without limitation Section 8 vouchers.
<br /> 3.9.3 Non-Discrimination. Owner shall not restrict the rental, sale, lease,
<br />sublease, transfer, use, occupancy, tenure or enjoyment of the Property, the Project, or any
<br />portion thereof, on the basis of race, color, religion, sex, gender, gender identity, gender
<br />expression, sexual orientation, marital status, national origin, ancestry, familial status, source of
<br />income, disability, veteran or military status or genetic information of any person. Owner
<br />covenants for itself and all persons claiming under or through it, and this Agreement is made and
<br />accepted upon and subject to the condition that there shall be no discrimination against or
<br />segregation of any person or group of persons on account of any basis listed in subdivision (a) or
<br />(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926,
<br />12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section
<br />12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br />enjoyment of the Property, the Project, or part thereof, nor shall Owner or any person claiming
<br />under or through Owner establish or permit any such practice or practices of discrimination or
<br />segregation with reference to the selection, location, number, use or occupancy of tenants,
<br />lessees, subtenants, sublessees or vendees in, of, or for the Property, the Project, or part thereof.
<br />Owner shall include such provision in all deeds, leases, contracts and other instruments executed
<br />by or on behalf of Owner, and shall enforce the same diligently and in good faith.
<br />3.10 Relocation. Persons residing in the Project as of the Effective Date shall not be
<br />displaced before suitable replacement housing is available. Owner shall ensure that all occupants
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