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3. A maximum of 50 percent of Affordable Units shall have rents set at no more <br /> than 30% of 80% of AM for households with incomes of 61% to 80% of AM <br /> (also Low-Income Units). <br /> Notwithstanding the foregoing, Owner may request to revise the foregoing mix for <br /> Affordable Units, subject to City Council approval. <br /> C. Affordable Unit rents shall be based on the following household sizes: <br /> Unit Type Household Size <br /> 1 Bedroom Unit One and a half(1.5) <br /> person household <br /> 2 Bedroom Unit Three (3) person <br /> household <br /> 3 Bedroom Unit Four and a half(4.5) <br /> i person household <br /> D. The monthly rent for each of the Affordable Units shall not exceed: (1) for <br /> extremely low-income households, one-twelfth of 30% of the Area Median Income <br /> adjusted for the household sizes listed in Section B above multiplied by 30%; or <br /> (2) for very low-income households, one-twelfth of 50% of the Area Median <br /> Income adjusted for the household sizes listed in Section B multiplied by 30%; or <br /> (3) for low-income households, one-twelfth of 80% of the Area Median Income <br /> adjusted for the household sizes listed in Section B above multiplied by 30%. As <br /> used in this Agreement, Area Median Income orAMI shall mean the area median <br /> income for the San Francisco-Oakland-Fremont Metropolitan Statistical Area <br /> adjusted for household size in accordance with adjustment factors adopted and <br /> amended from time to time by the United States Department of Housing and <br /> Urban Development(HUD) pursuant to Section 8 of the United State Housing Act <br /> of 1937 or any successor statute. <br /> E. Rent for Affordable Units shall be based on the AM at the time City issues <br /> Certificates of Occupancy for the subject Affordable Units and shall adjust <br /> consistent with HUD's adjustment in the AMI. If HUD fails to issue revised Area <br /> Median Income/household income statistics for the San Francisco-Oakland- <br /> Fremont Metropolitan Statistical Area within 15 months of the previous revision, <br /> rents for the Affordable Units may be adjusted based on the annual percentage <br /> increase in the San Francisco-Oakland Consumer Price Index for urban wage <br /> earners and clerical workers. <br /> F. The rents described herein shall exclude utilities that are both paid by the resident <br /> and are listed on the local public housing authority utility allowance schedule. <br /> G. The affordability levels shall not be fixed and may change within the apartment <br /> units depending on vacancies. <br /> H. All Affordable Units shall be rented to qualified applicants in accordance with the <br /> City's Preference System, as may be amended, with the most current version <br /> set forth in Attachment 3, except to the extent otherwise required by federal or <br /> state law (including, without limitation, laws and regulations governing fair <br /> housing and low-income tax credits), in which case City and Owner shall <br /> mutually agree to a different process as permitted by such laws and regulations. <br /> 3 <br /> 158739848.5 <br />