Each mortgagor shall prepare and submit to the Agency, as a part of its application for financing, a Tenant Selection Plan. The Tenant Selection Plan shall include, but not be limited to the following:
(1) The proposed rent structure of the housing project, which is determined by § 31.18 (relating to rental charges), including any rent levels made possible by Federal or other subsidies.(2) The mortgagor's allocation of at least 51% of its dwelling units to low and moderate income families. However, this 51% may be temporarily waived by the Agency if the Agency determines that the mortgagor has made a good faith effort to accomplish this 51% but has been unsuccessful and, as a result, the development or project has suffered an undue economical hardship. The 51% waiver will be granted only after the Agency determines, through a thorough analysis of the marketing efforts of the mortgagor, that a limited number of low and moderate income families reside in the market area and an insufficient number applied for tenancy. This analysis would include, but would not be limited to, an examination of advertising schedules, letters and telephone inquiries, and project files.(3) That the following schedule of occupancy priorities be maintained to the fullest extent possible:(i) Persons and families displaced by natural disasters.(ii) Persons and families displaced by urban renewal or other governmental action.(iii) Elderly persons and families. This section cited in 12 Pa. Code § 31.2 (relating to procedures for processing rental housing mortgage loan applications).