In the event that low- and moderate-income units cannot
be sold or rented, as applicable, within six months of being substantially
completed and offered for sale or rent, any inclusionary developer
may apply to the court-approved master for relief. Such application
must provide evidence of the developer's having undertaken an affirmative
marketing effort to sell or rent the units. Relief to the developers
shall not include exempting the units from the low- and moderate-income
sales prices or rent levels, nor shall relief include exempting the
units from restrictions on appreciation allowable upon resale or restrictions
on escalation allowable upon rerental. In the event of an application
for relief, the applicant shall pay the master's fees related to reviewing
such request.
