Common use of TENANT QUALIFICATIONS Clause in Contracts

TENANT QUALIFICATIONS. Declarant covenants, declares and agrees that for the duration of the AHIF Affordability Compliance Period, the Declarant shall, prior to the initial occupancy of an Income-Restricted Unit by a qualified household, establish that each qualified household that leases an Income-Restricted Unit (i) has an income that qualifies it for occupancy of such Income-Restricted Unit, and (ii) meets the County Manager’s or her designee’s administrative requirements for the determination and verification of income and occupancy for such Income- Restricted Unit. Annually thereafter, the Declarant shall obtain from each household that leases an Income-Restricted Unit a signed Arlington County Income Certification for Income Restricted Units form establishing the continued eligibility of such household, based on then current annual income, to occupy the Income-Restricted Unit under the terms of this Declaration, together with a signed Arlington County Annual Rental Occupancy Affidavit form certifying that such household continues to occupy the Income-Restricted Unit. Any lease for an Income-Restricted Unit shall include a lease provision that states that a Tenant's failure to provide income information upon recertification will constitute a default with the lease and that tenancy may be terminated for such default. Further, such default on the part of the Tenant requires that the Declarant lease to another qualified household who is in compliance with the income standards for that particular Income-Restricted Unit or a similar one. If an Income-Restricted Household’s income increases above 140% of the qualifying income level, upon lease renewal that Income-Restricted Household would be considered an “Over-Income Household” but would be permitted to continue to occupy their Income- Restricted Unit pursuant to the applicable guidelines of Section 42 of the United States Internal Revenue Code for the Low-Income Housing Tax Credit program. In the event that a previously qualified Income-Restricted Household is being evicted or removed for a default involving non-compliance with the occupancy requirements/income restrictions, the Declarant will continue to be considered in compliance with this document as long as the Declarant is pursuing possession of the Income-Restricted Unit occupied by such tenant through all available legal means.

TENANT QUALIFICATIONS. Declarant covenants, declares and agrees that beginning the Effective Date, and continuing for the duration of the AHIF Affordability Compliance Period, the Declarant shall, prior to the initial occupancy of an Income-Restricted Unit by a qualified householdhousehold first executing a lease and moving in after the Effective Date, establish that each qualified household that leases an Income-Restricted Unit (i) has an income that qualifies it for occupancy of such Income-Restricted Unit, and (ii) meets the County Manager’s or her designee’s administrative requirements for the determination and verification of income and occupancy for such Income- Restricted Unit. Annually thereafter, the Declarant shall obtain from each household that leases first executed a lease and moved in after the Effective Date an Income-Restricted Unit a signed Arlington County Income Certification for Income Restricted Units form establishing the continued eligibility of such household, based on then current annual income, to occupy the Income-Restricted Unit under the terms of this Declaration, together with a signed Arlington County Annual Rental Occupancy Affidavit form certifying that such household continues to occupy the Income-Income- Restricted Unit. Any new lease for an Income-Restricted Unit executed with a tenant who first moves in after the Effective Date shall include a lease provision that states that a Tenant's failure to provide income information upon recertification will constitute a default with the lease and that tenancy may be terminated for such default. Further, such default on the part of the Tenant requires that the Declarant lease to another qualified household who is in compliance with the income standards for that particular Income-Restricted Unit or a similar one. If an Income-Income- Restricted Household’s income increases above 140% of the qualifying income level, upon lease renewal that Income-Income- Restricted Household would be considered an “Over-Income Household” but would be permitted to continue to occupy their Income- Income-Restricted Unit pursuant to the applicable guidelines of Section 42 of the United States Internal Revenue Code for the Low-Low Income Housing Tax Credit program. In the event that a previously qualified Income-Income- Restricted Household is being evicted or removed for a default involving non-compliance with the occupancy requirements/income restrictions, the Declarant will continue to be considered in compliance with this document as long as the Declarant is pursuing possession of the Income-Restricted Unit occupied by such tenant through all available legal means.