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Rents for the HOME-Assisted Units shall not exceed thirty percent (30%) of <br /> the income of the target population to be served in that unit, as stated in <br /> Exhibit A. Maximum rents are determined by the number of bedrooms in <br /> each unit minus the monthly allowance for utilities (excluding telephone, cable <br /> television and other telecommunications), paid by the tenant. <br /> 2. Maximum Rents with Federal or State Rent Subsidy Programs - If the HOME- <br /> Assisted Unit receives Federal or State project-based rental subsidy and the <br /> very low-income family pays as a contribution toward rent not more than 30 <br /> percent of the family's adjusted income, then the maximum rent (i.e., tenant <br /> contribution plus project-based rental subsidy) is the rent allowable under the <br /> Federal or State project-based rental subsidy program. The maximum rent <br /> for HOME-Assisted Units supported by tenant-based rental assistance <br /> programs is the maximum HOME rent. <br /> 3. Rent Increases - for the HOME-Assisted Units shall be comparable to non- <br /> HOME assisted units. Rents may be increased to cover reasonable increases <br /> in operating costs, including property management, repair and maintenance, <br /> necessary services, project reserves, debt service costs, and other <br /> reasonable expenses. The HOME-assisted unit rents must not exceed the <br /> then-established HOME maximum rents in effect, as may be revised by HUD <br /> after HUD determines fair market rents and median incomes. The Agency <br /> shall provide to the City annually, documentation of rents and occupancy, as <br /> well as annual operating expenses. <br /> 4. Rent Overcharges - If at any time during the period of this Loan Agreement <br /> the Agency charges rents higher than those set forth in the rent restriction <br /> provisions included in Exhibit A, the Agency will take remedial corrective <br /> actions including refunding any overcharges to residents, correcting lease <br /> terms and other such actions necessary to bring the project into compliance <br /> with the terms and covenants of this Loan Agreement. Repayment for tenant <br /> overcharges will be due within thirty (30) days from the date of a written <br /> notice of violation delivered to the Agency by the City. <br /> D. Designation of HOME Units; Floating Units: <br /> The HOME-Assisted Units shall be considered as "floating units", meaning that <br /> units originally designated as HOME-Assisted Units may change over time. The <br /> number of HOME-Assisted Units in the Project may never be less than a total of <br /> seven (7), including one (1) two-bedroom unit and six (6) three-bedroom units; <br /> and shall be comparable, in size, features and number of bedrooms to those <br /> units originally identified as HOME-Assisted Units. <br /> The Agency may not duplicate reporting the HOME-Assisted Units as identified <br /> herein, with another participating jurisdiction's HOME-Assisted Units. <br /> Amended HOME Loan Agreement <br /> Housing Hope's Kennedy Court Improvement Project <br /> Page 22 of 53 <br />