[§516-202]  Certification.  The
lessor of a sustainable affordable development shall certify the lessor's
qualification for the exemption established in section 516-201 at the time of
the delivery of the first sustainable affordable lease by filing an affidavit
with the registrar of the bureau of conveyances or assistant registrar of the
land court, as appropriate, that:



(1)  Declares the percentage of all the residential
lots in the development tract that will have their initial sales prices limited
in accordance with directly applicable state or county law, regulation, policy,
or agreement, such that households earning not more than the required
percentage of the median income for the applicable county will spend no more
than the allowable percentage of their gross income for housing costs; provided
that if the percentage of residential lots is less than thirty per cent, the
state or county agency's approval thereof shall also be set forth;



(2)  Declares the percentage of all the residential
lots in the development tract that will have their initial sales prices and
resale sales prices limited to eighty per cent of the fair market value of the
residential lots in fee, including all buildings and improvements, unencumbered
by the lease and describing the calculation of the difference; provided that if
the percentage of residential lots is less than fifty‑one per cent, the
state or county agency's approval thereof shall also be set forth; and



(3)  Sets forth the provisions in the sustainable
affordable leases that limit the resale price of the residential lot, including
all buildings and improvements, and entitle the lessor to a share of the
appreciation in the residential lot, including all buildings and improvements.
[L 2005, c 197, pt of §2]