- artincnt lease, stabilization clauses, El ty 7-04. hr . $2004 by Slumberg?ttcelsioa in: . so with Blumberg=326 Rent Stabi i?zari?onpRi'der. ARNOLD MANDELL, LLB. - - - wbiumbergcom .1 . ATTACHED RIDER SETS FORTH AND OBLIGATIONSOF TENANTS AND UNDER THE RENT STABILIZATION LAW. RESPONSABILIDADES. DE INQUILINOS -YI CASEROS ESTAN DISPONIBLE- he Landlord and Tenant agree as lease the Apartment as follower elf?"- -. . . .partment (and terrace,.if any?Lil?Ei. .. Term beginning.__; ending Yearly Rent Rent .. Security Use The Apartment must be used only as a private Apartmentto live in the Term-Tenant shall comply with the demand at Tenant?s own cost. Land- :the primary residence ofthe Tenant and for no other reason. Onlya party lord is not re uired to do or pay for any work unless stated in this Lease. gning this Lease may use the Apartment. The Apartment is subject to limits If a lien is- iled on the Apartment or Building for any reason relating to the number of people who may legally occupy an Apartment ofthis size. Tenant's fault, Tenant must immediately pay or bond the amount stated in the Lien. do so ifTenant fails within? 20 days after Tenant Failure to give possessmn Landlord shall not be liable forfa-iiure to has notice abom the costs sham be added rent: ye Tenant possession of the Apartment 0n the beginning-dateof the erm. Rene shall be payable as of the beginning of'the Term Unless 3- Repairs" Tenath musttak'e good care ohthe Apartmentand allequip- andlord is unable to give possession. Rent shall thenbe payable asofthe In it. Landlord will repair the plumbing. heatlpg and ate possessionis available. Landlord mustgive possession withinareaso- systems. Tenant must. at Tenant?s make all repairs and able time. if nqt, Tenant may cancel and obtain a. refund pf money replacements whenever the-need results?from Tenant?s act or neglect. _lf :posited. Landloi-d will notify Tenant as to the date possessio-nis ayaila- Tenant falls-t0 make a Headed r'ep_alr or replacement, Landlord may la, The ending date of the Term will not change, .- - - Landlord?s reaSOnable expense Wlli be added. rent. . . 9. Fire, acoident, defects, damage? Tenant must give Landlord imme- diate notice of fire, accident, damage or dangerous or defective condition. Ifthe Apartment can not be used because ofiire or Other casualty, Tenant is not required to pay rent for-the time the Apartment is unusable. lfpart of the Apartment can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide 'which part of the Apartment is usable.- Landlord need only. repair the damaged part of the Apartment. Landlord is not reduired t'o repairor replace any ?xtures, furnishings or decorations'butonly equipment that is originally installed by Landlord. Landlord is not resp'cinsible for delays due to settling insuranceclaims, obtaining estimates,- labor. and'supply problems or any other cause not . Rent, added rent The rent payment for each month?must bfe?paid 0n ie first day ofthat month at Landlord?s address. .Landlord'need not give otice to pay-the rent. Rent must be paid in full without deduction; .The menth?s rent is to be paid when Tenant signs this Lease. Tenant may a required to pay-other charges to Landlord under the terms of-this Lease. hey are called ?added rent." This added rent will be billed and is payable i rent, together with the-next rent due. if Tenant fails to pay the ided rent on time, Landlord shall have the same rights against Tenant as Tenant failed to'pay rent. If a check from Tenant to Landlord bounces, enant shall be charged $25 for processing'costs as added rent. If rent or ided rent is not received within 5 days of the due date, Landlord may targe the Tenant a late fee of (1) $25, or (2) of the-sum-due, each .onth, as added rent. . fully under- Landlord's'control. . 'If he apartment can not be used, Landlord has -30 days to decide ,whe'ther to. repair it. Landlord?s decision to repair must be given by notice - N-Otices billiSta?emem 01' "mice mu? hem ertmg- If?lo Tenant," Tenant within 30 days-of the fire or casualty. Landlord shall have a mu? be, inWQred. 0?,malled t0 the Tenant at th?'?PaTtm?nl; If to time to repair.. In determining what is a reasonable time, andlord-?must be mallyd t0 Landlord's {Addl?ss- It Will be COHSldered consideration shall be given to any delays in receipt of insurance settle- eliveretl on: till? day mailed 0r 1f 110} ,mall?d, When 13ft al'the Proper . -. ments, labor trouble and causes not fully Within Landlord?s control. If A be 501'? mall? EaCh Partlmu? accent ?it?ljandlord fails to give Tenant notice of its decision within 30 days, Tenant nd Claim the, 11011193, Elven by the other. Landlord must notif'y'fferiantgif .v cancel the lease as of the date of the fire or casualty. The cancellation .andlord's address 15 Changed- Tenant-mUSt'DOUfY . shall be effective only if it is given before Landlord begins to repair or iins the Military or becomes dependent on someoneIJin it.? . Security Tenant has given security to Landlord in bove. The security has been deposited in the Bank named above and Landlord noti?es Tenant ofits decision to repair. Ifthe fire or other ,?Easualty iscaused by an' act or neglect of Tenant or guest of Tenant all .v repairs will be made at Tenant?s expense arid Tenant must pay the full rent sliver of this Lease is notice of the deposit. If the nam?e?d, i with no Change? The 905'; .01? the Pep?er Will be.added reni' . . I . .andlobid will notify Tenant ofthe Bank?s name and T135 the ?31:11 1?0 demOIlSh'Or rabmld Ehe 1f tile?: 15 scum}; is deposited_ ,i fsubstantia?l damage by f1re'_or other casualty?. Even if the Apartment is not IfTenant does not pay rent or added rent on time,'Landlord may-use the - I dflm?gedl Landlord may 93.906} this Lease Within? dal?S aft? Ehe sub?an' :curity to pay for rent and added rent then du'e.' IfTenant fails it?o.timely' pal fire 0r_ casualty by Elvmg Te?am ?once 0f Landlord 5 ?Etcmlon ?0 errorm any other mm,- in this Lease, Landlord may use the sec??rit?y for I or rebuild. The Lease will end 30 days after Landlord s__cancella- aanent of meney Landlord may spend, or. 3 3 1310? ?Nice '50 Tenam- Tenant musi (1531??th Apartment to Landlord 0? ccause ofTenant?s failure. Ifthe Landlord uses the security, .jor before theeancellat'ion date in the notice and pay all rent due to the date pon notice from Landlord, send to Landlord an amount equal to the fire 9f casually. ?the is ?mailed Landlord i5 ?Oi ?Wired 7-0 sed by Landlord. That amount is due, when billed, as rent. At all times impair the Blinding- The Cami-611mm? docs .nc?t ?31163513 andlord is to have the amount of security Stated -above.,_ - - -- oiliabIh-ty in connection with the fire ?or casualty. This Section is If Tenant fully performs all terms of this Lease, pays-rent outings "and - . ..1nt?nded t9 replace-the terms, of Real PTOPCFW Law 227- :aves the Albertmerit in good condition on the last day of the Term, then 10. Liability Landlord .is not liable forloss, expense, or damage to any .andlord will return the security being held. - person or i's negligent. Landlord is not liable to 1 If Landlord sells or leases the Building, Landlord may give the sedurity Tenant- for refusing entry of anyone into the Building. 3 the buyer or lessee. In that event Tenant will look only to the buyer or Tenant must pay for damages suffered and reasonable expenses of :ssee for the return of the security and Landlord will'be deemed released. Landlord relating to any claim arising from any act or neglect andlord may Use the security as stated in this section. Landlord may put an action is brought against Landlord arising. from Tenant's act or neglect tesecurity in any place permitted by. law. Tenant?s security. will .bear Tenant shall defend Landlord at Tenant's expense with an attorney of iterest only if requ1red by law. Landlord will give Tenant the interest Landlord?s choice. - - v- v- - 'hen Landlord is required to return the security to Tenant. An?yinterest Tenant is responsible for all acts or neglect of Tenant?s family, :turned to Tenant will be less the sum Landlord is allowed to keep. Land- employees, guests?or invitees. )rd need not give Tenant interest on the security if Tenant is'in default. Tenant is responsible for Tenant's security. - - . - . Services Landlord will supply: heat as required by law, hot and 11- Landlord- Landlotd may emerihe Apartment 3? reasonable 31d water for bathroom and kitchen sink, (0) use any, and hours 3133??, "mall or 0? mas?? antennas l) cooling ifcentralair conditioningis installed. Landlord is not required 01' 93131: 5351-31715 01' equlsment and Perform Other Work That LaNdlord 3 install air-conditioning. Stopping or reducing of se'rvice(s) ?wil'l'hot be d3?1d?515 Al ?3350331313 hOUFSLandloer maYFhow gason for Tenant to 310E, paying mm. to make amoncy claim m. to claim the Apartment to posSibleibuyers, l'e riders, or tenants of the entire Building viction. Tenant may enlorce its rights under the warranty of habitability. 01' land. At' reasonable hot?? Landlord may Show the Apartment 10 Damage to the equipment or appliances tau plied by by 905511315 0.37 new tenants during-the 4 months-0f the Term- Ell?)? by Tenant?s act or neglect, may be repaired by andlord atTena'nt?s?expense. Landlord must be 911 Teas-Chili)? ?once except il'l -emerg3ncl?- The repair cost will'be added-rent. . - - 12. Assignment and sublease' Tenant must nor assign all or part of this Tenant mustjpay for all electric, gas, telephone and other utility services Lease-or sublet all or-part Of the Apartment or permit any other to use the ised in the Apartment and arrange for'them with the-public utility com- Apartment. If-Tenant does,- Landlord may cancel the Lease as stated in the iany. Tenant must not usea dishwasher, washing'machine, dryer, freezer, Tenant?s?Default section. State law may permit Tenant to sublet.under ieater, entilator, air cooling eqmpment other ?appliance unless certain conditions. Tenant must get Landlord?s written permission each time nstalled by Landlord or wetli?Landlord '3 written consen't;_ Tenant must not Tenant wants to assign or sublet. Permission to assign or sublet is good se more electric than the wiring or feeders to the Building can safelycarry. only for that assignment orsublease. Tenant remains bound to the terms of Landlord may stop service of the plumbing, heating, elevator, air cool- this lease after an assignment 0r sublet is permitted, even if Landlord 1g - or electrical systems, because of scoldent, emergency, repairs, or accepts money from the assignee or subtenant. The amount. accepted will hanges until the work is complete. . be credited. toward money due from Tenant, as Landlord shall determine. If Landlord wants to change a person operated elevator to an automatic The assignee or subtenant does not become Landlord?s tenant. Tenant is - Spry/1c? (13111 1.0 days-notice. Landlord Will then responsible for acts and neglect of any.._person in the Apartment. 0 63m "15 a anon 0 an automatic W193 13. .S'ubordination This Lease and Tenant?s rights, are subject-and sub- Alteratmn Tgnam must obtain Landlordis Prior written consent to ordinate to all. present and future: leases for the Building Or the under- istall any panelling, flooring, ?built in" decorations, partitions,- railings, lyingiand, wort-333350?. lhe 163565 01' the Blinding lands (C3 agree? make alterations or to paint onwallpaper the Apartment. Tena'nt must ?Penis Securing money-Paid 01' to be Paid?by a lender. and terms Condi- ot change tbs: plum bing, ventilating, air conditioning, electric til-heating tions, renewals?,changes ofany kind and extensions ofthe mort ages] leases {stems Ifaconserit IS given, the alterations and installations, Shall be Orlender agreements?Tenant must exccute any certilgicatefs) that ampletcd and paid for by Tenant. They shall become the property of Landlord requests to show that this Lease is so subject and subordinate andlord when completed and paid for. They shall remain with and as part Tenant Landlord *0 Sign these Certificatelsl for Tenant. . {the Apartment at the end ofthe Term Landlord has the right to demand 14 Condemnation artment or Bu - tat Tenant remove the alterations and installations. before the end of the demned by a legal authority. the T8211. and :3ng of the Apartment or Building is taken, Landlord may cancel this Lease on notice to Tenant. The notice shall set a cancellation datenot less than 30 days from the date of the notice. if the Lease is cancelled, Tenant must deliver the Apartment to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant assigns to Landlord anyintercst Tenant may have to any part of the-award. Tenant shall make no claim 'for the value of the remaining part of the Term. . 15. Tenant's duty to obey laws and regulations Tenant must, at Tenant?s expense, all laws, orders, rules, requests, and direc- tions, of all governmental authorities, Landlord?s insurers, Board of Fire Underwriters, or similar groups. Notices received by Tenant from any authority or group must be delivered to Landlord, Tenant may not do anything which may increaseLandlord's?insu?rance premiums. If Tenant does, Tenant must pay the increase in premium as added rent. 16. Tenant?s default A. Landlord mustfgive Tenant written notice of default stating the type 'ofdefault. The following are defaults-and must be cured by Tenant within the time stated: . (1) Failure to pay rent or added rent on time, -5 days. - (2) Failure to move into the Apartment within 15 days after'the beginning date of the Term, 10 days. (3) IssUance ofa court order under which the Apartment may be taken by another party, 10 days. .. - .. - - (4) Improper conduct by-Te-nant annoying other tenants, 10 days. (5) Failure to comply with any other term or Rule in the Lease, 10 days. IfTenant fails to cure the default in the timestated, or viblates_Sec_tion16B.. Landlord may?canCel the Lease by giving Tenant a cancellatidn notice. The cancellation notice will state the date the-Term will end which may be no less than 10 days after the'date ofthe notice. On the cancellation date in the notice the Term of this Lease shall end.,Tenant must leave the Apartment andgiye Landlord the keys on or before the cancellation date. Tenant continues to be responsible as stated in this Lease. If the default can not be cured in the time. stated, Tenant must begin to cure within'that time and continue diligently until cured. - . - B. If Tenant?s application for'the Apartment contains any material misstatement of fact, (2) Tenant maintains a nuisance, or (3) Tenant vacates the Apartment, Landlord may cancel this Lease. Cancellation shall be by cancellation notice as stated in?Section l6A.. C. lf(l the Lease is cancelled; or (2) rent or added rent is not paid on time; or (3) 'l'enmit vacates Liv: Landlord only, in addition to unite; remedies, take any of the following steps:(a) use-dispossess; eviction or other lawsuit method to take back the Apartment, and to the extent permitted by law, enter the Apartment and remove Tenant and any person or property. D. If this Lease is cancelled, or Landlord takes back the Apartment, the following takes-place:' - (1) Rent and added rent for the unexpired Term is due and payable. (2) Landlord'may relet the Apartment and anything in it. The reletting may be for any term. Landlord may charge any?rent or no rent and give allowances to the new tenant. Landlord may, at Tenant?s expense, do any work Landlord reasonably feels needed to put the Apartment in good repair and prepare it for renting. Tenant stays liable and is not released except as provided by law. 1 (3) Any r'ent received by Landlord for the re-renting'shall'be used first to pay Landlord?s expenses and second to pay any amounts Tenant owes Under this Lease. Landlord ?s expenses include the costs of-ge'tting posses- sion and re-renting the Apartment, including, but-not only reasonable legal fees, brokers fees, cleaning and repairing costs, decorating; costs and advertising costs. . - (4) Ffom time to time Landlord may bring actions for damages. Delay or failure to bring an action shall not-be a waiver of Landlord?s sigma-Tenant is not entitled to any excess of rents collected over?the rent paid by Tenant to Landlord under this LeaseLandlord relets the Apartment combined ?with other. space an adjustment will be made based on square feet. Money received by Land- lord from the neXt tenant-other than the rent,'shall notbe consid- ered as part of the rent paid to Landlord. Landlord is entitled to all ofit. If Landlord rclets the Apartment the fact that all or part of thenext tenant?s rent isnot collected does not affect Tenant?s liability. Landlord has no'duty to collect the next tenant's rent. Tenant must cOntinuc to pay rent, damages, losses and expenses without offset: 1 - E. If Landlord takes possession cf the Apartment by Court order, or under the Lease, Tenant has'no right to return to the Apartment? 17. Jiiry trial and counterclaims Landlord and Tenant agree not to me their right to a Trial by Jury in any action or proceeding brought- by either, against. the other, for any matter concerning this Lease or-the Apartment. This does not include actions for personal injury 0r prOperty damage. _Te_na_n_t_gi\te_s up any rightto bring a counterclaim or set-.offin any action or proneeding-by Landlord against Tenant-on any matter directly or indi- rectly related to this Lease or Apartment. - - i 18. No waiver, illegality Landlord?s acceptance of rent or failure to enforce any term in this Lease is not a waiver ofany ofLandlord?s rights. If a term?in this Lease is illegal, the rest of this lease remains in full force. 19: Insolvency If( 1) Tenant assigns property for the benefit 'of'creditors, or (2) anon-bankruptcy trustee or receiver ofTenant or Tenant?s property is appointed, Landlord may give Tenant 30 days noticeofcancellation of the Term ofthis Lease. Ii'any ofthe above is not fully dismissed within the 30 days, the Term shall end on the date stated in the notice. Ten-ant must continue to .pay rent, damages, losses and expenses without- offset. If Tenant files a voluntary bankruptcy petition or an involuntary bankruptcy petition is filed against Tenant, Landlord may not end this Lea?se. 20. Rules Tenant must comply with these Rules. Notice of new Rules will be given to Tenant. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates these Rules. Tenant receives no rights under these Rules:' Rider Additional terms on I The comfort or rights of other Tenants must not be interfered with. This means that annoying sounds, smells and lights are not allowed. (2) Noone is allowed on the roof. Nothing may be placed on or attached - to fire escapes, sills, wind0ws or exterior walls of the Apartmentor?in the hallways or public areas. . (3) Tenant may not operate manual elevators. Smoking is not permitted in elevatdrs. 'Messengers and trade people must only use service elevators and service entrances; Bicycles are not allowed on passenger elevators. (4) Tenant must give to Landlord keys to all looks. Doors must be locked at all-times. Windows must be locked when Tenant is out. (5) Apartment floors muSt be covered by carpets or rugs. No waterbeds allowedin Apartments. . (6) Dogs, cats or other pets are not allowed in the Apartment or Building. (7) Garbage disposal rules must be followed. Wash lines, vents and plumbing fixtures must be used for their intended purpose. (8) Laundry machines, if any, are used at Tenant's risk and cost. Instruc- tions must be followed; - (9) Moving furniture, fixtures or equipment must be scheduled with Landlord. Tenant must not send Landlord ?5 employees on errands. (10) Wrongly parked cars'may?be removed without notice at Tenant?s cost. I (ll) Tenant must not allow the cleaning of the windows or other part of the Apartment or Building from the outside. (12) Tenant shall conserve energy. 21. Representations, changes in Lease Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others. This Lease 'may bechanged only by an agreement in writing signed by and delivered to each party. Tenant is not in the U.S. Military nor dependent on someone who 15. - 22. Landlord unable to perform If due to labor trouble, government order, lack of-supply, Tenant's act or neglect, or any other cause not fully within Landlord?s reajson'able-coritrol, Landlord is delayed or unable to carry out any-of Landlord ?s promises or agreements, supply any service required'to be supplied, (0) make any required repair or change in the Apartment or Building, or supply any equipment or appliances Land- lord is required to supply, this Lease shall not be ended or Tenant?s obligationsaffected. . . 23. End of term A: the end _of the Term, Tenant must: leave the Apart- ment clean and in good condition, subject to ordinary wear and tear: remove all of Tenantls property and" all Tenant's installations and decora- tions; repair all damagesto the Apartment and Building caused by moving; and restore the Apartment to its condition'at the beginning ofthe Term. If the last day- of the Term is on a Saturday, Sunday or State or Federal holiday the Term shall end on the prior business day. 24. Space "as Tenant has inspected the Apartment and Building. Tenantstates'they are in good order and repair and takes the Apartmentas is except forlatent defects. . - 25. Landlord?s warranty of habitability Landlord states that the Apart- ment and Building are fit for human living and there is no condition dangerous to? health, life or safety. - 26. Landlord?s consent Ichnant requires Landlord 's consent to any act and such consent is not given, Tenant?s only right is to ask the Court for a declaratoryjudgment to force Landlord to give consent. Tenant agrees not to make any'claim against Landlord for money or subtract any sum from the rent because such consent was not given. 27. Legal Fees The successful party in a legal action or proceeding between Landlord and Tenant for non-payment of rent of possessionof the Apartment may rec'over- reasonable legal fees and costs rom the other party. . I 28. Limit'of recovery Tenant is limited to Landlord?s interest in the Buildingfor payment of a judgment or other court remedy against Landlord. 29. Lease binding on- This Lease is binding on Landlord, Tenant and their executors, administrators, successors and assigns. 30. . Landlord Landlord means the owner (Building or Apartment), les- see of the. Building, or a lender in possession. Landlord?s obligations end when Landlord?s interest in the Building or Apartment is transferred. Any acts Land-lord may do-ma-y .be done by Landlord?s agents or employees. 31. Paragraph-headings Paragraph headings are for c0nvenience only. 32. Rent regulations .This section applies if the Apartment is subject to the N.Y.C. "RentStabilization Law and Code or the Emergency Tenant Protection Act. . Landlord may have prOper cause to apply to the Division off-loosing .. and Community Renewal (DHCR) for assistance. if Landlord does apply and is found to be entitled to an increase in rent or other aid, the Lend-lord and Tenantagree: - . To bebound by the determination of the DHCR, Tenant will pay any rent increase in the manner set by the - DHCR, .Despite anything contained in Paragraphs la and b, it is agreed in the event that an order is issued increasing the "stabilization rent because of Landlord hardship, the Tenant may, within 30 days of receipt of a copy of the DHCR order, cancel .this Lease on 60 days written notice to the Landlord. During the period prior to vacating, the cancelling Tenant may continue in occupancy at no increase in rent. The rent provided for in this Lease may be increased or decreased retroactively to the Commencement of the Lease to conform to the lawful Rent Guidelines or any changes in the Guidelines which apply to this Lease as issued by the Guidelines Board or appropriate county rent guidelines board. . (3) ThisLease and all riders shall continue in full force and effect. and except as modified above, shall in no way be affected by this section. initialed at the end by the parties is attached and made a part of this Lease. Signatures, effective date Landlord and Tenant-havesigned this Lease as 'of-theabove date. It is effective when Landlord delivers to Tenant a copy signed by all parties. WITNESS