Non-Qualifying Household Sample Clauses

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower may: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household, Very Low Income Household, or Forty Percent Income Household as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by an Extremely Low Income Household, Very Low Income Household, or Forty Percent Income Household, as applicable, as a County Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(f), the Unit with the over-income Tenant will no longer be considered a County Assisted Unit.

Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant's income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease: (1) Borrower may, with 60 days' advance written notice, increase such Tenant's Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Borrower shall, rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by a Very Low Income Household as a County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(b), the Unit with the over-income Tenant will no longer be considered a County- Assisted Unit.

Non-Qualifying Household. If, upon recertification of the income of a Tenant of a Unit, the County or the County Designee determines that a former Very Low-Income Tenant has an Adjusted Income exceeding the maximum qualifying income for a Very Low- Income Tenant (and the Tenant remains MHSA Eligible), such Tenant will be permitted to continue occupying the Unit and the Rent paid by such Tenant will remain at the level set forth in Section 2.2 above.

Non-Qualifying Household. If, upon recertification of a Tenant's income, the DEVELOPER determines that a Tenant has an Adjusted Income exceeding one hundred twenty percent (120%) of Area Median Income, adjusted for Actual Household Size, such Tenant shall be permitted to continue to occupy the Unit and such Tenant's Rent may be increased to one-twelfth of thirty percent (30%) of the household's actual income, adjusted for Assumed Household Size, upon ninety (90) days written notice to the Tenant, and the DEVELOPER shall rent the next available Unit to a Very Low Income Household or Low Income Household as applicable, at a Rent not exceeding the maximum Rent specified in Section 2.2(a) or 2.2(b), as applicable.

Non-Qualifying Household. Subject to Section 2.4(a) above for HOPWA- Assisted Units, if, upon the annual certification of the income a Tenant of a HOME/HOPWA- Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower shall: (1) With 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household or Very Low Income Household, as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by an Extremely Low Income Household or Very Low Income Household, as applicable, as a HOME/HOPWA-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(c), the Unit with the over-income Tenant will no longer be considered a HOME/HOPWA-Assisted Unit.

Non-Qualifying Household. If, upon recertification of the income of a Tenant, the Borrower determines that a former Extremely Low Income Household, Forty Percent Household, or Very Low Income Household, has an Adjusted Income exceeding the maximum qualifying income for an Low Income Household, such Tenant shall be permitted to continue occupying the Unit and upon expiration of the Tenant's lease and upon sixty (60) days written notice, the Rent shall be increased (subject to 24 CFR 92.252(i)(2) regarding low income housing tax credit requirements) to the lesser of one-twelfth (1/12th)of thirty percent (30%) of actual Adjusted Income of the Tenant, or fair market rent, and the Borrower shall rent the next available Unit to an Extremely Low Income Household, Forty Percent Household, or Very Low Income Household as applicable, to comply with the requirements of Section 2.1 above.

Non-Qualifying Household. If, upon recertification of the income of a Tenant of a HOME Unit, the Borrower determines that a former Very Low Income Household has an Adjusted Income exceeding the maximum qualifying income for a Low Income Household, such Tenant shall be permitted to continue occupying the Unit and upon expiration of the Tenant's lease and upon sixty (60) days written notice, the Rent shall be increased to the lesser of one-twelfth (1/12th) of thirty percent (30%) of the actual Adjusted Income of the Tenant, or fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and the Borrower shall rent the next available Unit to a Very Low Income Household at a Rent not exceeding the maximum Rent specified in Section 2.2 (a), or re-designate another Unit in the Development with a Very Low Income Household as a HOME Unit, to meet the requirements of Section 2.1 (a) above. Upon renting the next available Unit in accordance with Section 2.1 (a) or re-designating another Unit in the Development with a Very Low Income Household as a HOME Unit, the Unit with the Non-Qualifying Household will no longer be considered a HOME Unit.

Non-Qualifying Household. If, upon recertification of the income of a Tenant of a County-Assisted Unit, Grantee determines that a former Extremely Low Income Household, Very Low Income Household, or Sixty-Five Percent Income Household has an Adjusted Income exceeding the maximum qualifying income for a Low Income Household, such Tenant shall be permitted to continue to occupy the Unit. Upon the expiration of such ▇▇▇▇▇▇'s lease, Borrower shall with 60 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent. Grantee shall rent the next available County-Assisted Unit to an Extremely Low Income Household, a Very Low Income Household, or a Sixty-Five Percent Income Household to meet the requirements of Section 2.1above as applicable.

Non-Qualifying Household. If, upon recertification of the income of an Eligible Tenant of an Affordable Unit, the Developer determines that such Tenant’s income exceeds 140 percent of the AMI, such Tenant may be permitted to continue to occupy the unit at the then current market rate rent or be provided with a sixty (60) day notice of the lease non-renewal, effective from and after the date of such failure to requalify (i.e., the recertification date, provided the tenant was properly certified originally). Developer shall rent the next available unit of comparable size to the applicable Very Low- and/or Low-Income Household to meet the requirements of Section 1 above. Developer shall maintain the occupancy requirements set forth in Section 1(a) above and shall also be reported annually in accordance with monitoring requirements set forth in Section 9. Developer’s failure to provide such Affordable Unit to a household an Eligible Tenant hereunder shall constitute a material default under this Agreement.