Share via Shortlink REBNY releases guidelines to guide landlords through the rent-law changes Credit: iStock As landlords wait on the state to provide additional guidance on changes to the rent law, the Real Estate Board of New York has issued new guidelines that reflect some of these reforms. The template reflects new limits on security deposits and fees landlords can charge for late rents, as well as new rules surrounding apartment inspections. It would also take into account changes to Major Capital Improvements and Individual Apartment Improvements, programs that allow landlords to increase rents through apartment and building renovations. These include questions about how landlords must revert rents back to pre-MCI levels, since MCIs now expire after 30 years.
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You shall use the Apartment for living purposes only. The Apartment may be occupied only by You and the following Permitted Occupants: You acknowledge that: i this Sublease may not commence until the occupancy of the Apartment by You and the Permitted Occupants has been approved by the Board of Directors of "Apartment Corporation" ; and ii no other person other than You and the Permitted Occupants may reside in the Apartment without the prior written consent of the Owner and the Apartment Corporation.
The term that means the length of this Sublease will begin on , and will end on. If You do not do everything You agree to do in this Sublease, Owner may have the right to end this Sublease before the ending date. If Owner does not do everything that Owner agrees to do in this Sublease, You may have the right to end the Sublease before the ending date.
You acknowledge that the term of this Sublease may be reduced as authorized by Article 6. You must pay Owner the rent, in advance, on the first day of each month either to Owner at the above address or at another place that Owner may inform You of by written notice. If the Sublease begins after the first day of the month, You must pay when You sign this Sublease: i the part of the rent from the beginning date of this Sublease until the last day of the month, and ii the full rent for the next full calendar month.
The Proprietary Lease, the Rules and Regulations and the By-Laws of the Apartment Corporation and all amendments thereto, including any amendments subsequent to the date hereof, are collectively called the "Cooperative Documents". In the event of any inconsistency between the provisions of this Sublease and the Cooperative Documents, the provisions of the Cooperative Documents shall govern and be binding.
You and the Permitted Occupants of the Apartment shall faithfully observe and comply with the Cooperative Documents, other than the provisions of the Cooperative Documents required to be performed by Owner which include the payment of rent for the Apartment to the Apartment Corporation. You and the Permitted Occupants of the Apartment shall not undertake any action which, if performed by Owner, would constitute a violation of the Cooperative Documents.
You have reviewed the Cooperative Documents or waived their examination. Owner will deposit this security in bank at , New York. This security account shall not bear interest. If You carry out all of your agreements in this Sublease and if You move out of the Apartment and return it to Owner in the same condition it was in when You first occupied It, except for ordinary wear and tear or damage caused by fire or other casualty through no fault of your own, Owner will return to You the full amount of your security deposit within 60 days after this Sublease ends.
However, if You do not carry out all your agreements in this Sublease, Owner may keep all or part of your security deposit which has not yet been paid to You necessary to pay Owner for any losses incurred, including missed payments. If Owner sells the Apartment, Owner will turn over your security either to You or to the person buying the Apartment within 5 days after the sale.
Owner will then notify You, by registered or certified mail, of the name and address of the person or company to whom the deposit has been turned over. In such case, Owner will have no further responsibility to You for the security deposit. The new owner will become responsible to You for the security deposit. However, in such case, the Sublease will start on the date when You can move in; the ending date of this Sublease as specified in Article 2 will remain the same.
You will not have to pay rent until the move-in date Owner gives You by written notice, or the date You move in, whichever is earlier. If Owner does not give You notice that the move-in date is within 30 days after the beginning date of the term of this Sublease as stated in Article 2, this Sublease shall be canceled and all prepaid rent and security deposit shall be promptly returned to You.
All of the sections of this Sublease are subject to the provisions of the Warranty of Habitability Law in the form it may have from tine to time during this Sublease. Nothing in this Sublease can be interpreted to mean that You have given up any of your rights under that law.
Under that law, Owner agrees that the Apartment is fit for human habitation and that there will be no conditions which will be detrimental to life, health or safety. Any condition caused by your misconduct or the misconduct of anyone under your direction or control shall not be a breach by Owner.
You will take good care of the Apartment and will not permit or do any damage to it, except for damage which occurs through ordinary wear and tear. You will move out on or before the ending date of this Sublease and leave the Apartment in good order and in the same condition as it was when You first occupied it, except for ordinary wear and tear and damage caused by fire or other casualty through no fault of your own. When the Sublease ends, You must remove all of your movable property.
You must restore and repair to its original condition those portions of the Apartment affected by those installations and removals. You have not moved out until all persons, furniture and other property of yours is also out of the Apartment.
If your property remains in the Apartment after the Sublease ends, Owner may either treat You as still in occupancy and charge You for use, or may consider that You have given up the Apartment and any property remaining in the Apartment. In this event, Owner may either discard the property or store it at your expanse.
You agree to pay Owner for all costs and expenses incurred in removing such property. The provisions of this article will continue to be in effect after the end of this Sublease. Also, You cannot place in the Apartment water-filled furniture. You will obey and comply: i with all present and future city, state and federal laws and regulations which affect the Building or the Apartment, and ii with all orders and regulations of insurance rating organizations which affect the Apartment and the Building.
You will not allow any windows in the Apartment to be cleaned from the outside unless the prior written consent of the Apartment Corporation is obtained. You will obey all of the Cooperative Documents other than the provisions of the Cooperative Documents required to be performed by Owner. You are responsible for the behavior of yourself, the Permitted Occupants of the Apartment, your servants and people who are visiting You. You will reimburse Owner as additional rent upon demand for the cost of all losses, damages, fines and reasonable legal expenses incurred by Owner because You, the Permitted Occupants of the Apartment, servants or people visiting the Apartment, have not obeyed government laws and orders, the Cooperative Documents or this Sublease.
Objectionable conduct means behavior which makes or will make the Apartment or the Building less fit to live in for You or other occupants. It also means anything which interferes with the right of others to properly and peacefully enjoy their apartments, or causes conditions that are dangerous, hazardous, unsanitary and detrimental to other occupants of the Building.
Objectionable conduct by You gives Owner the right to end this Sublease. The Apartment Corporation will provide cold and hot water and heat, as required by law, repairs to the Apartment, as required by the Proprietary Lease, elevator service if the Building has elevator equipment, and the utilities, if any, included in the rent, as set forth in subparagraph B.
You are not entitled to any rent reduction because of a stoppage or reduction of any of the above services unless it is provided by law. The following utilities are included in the rent C. You must also pay directly for telephone service and cable television service if the cost of any such service is not included in the rent. Appliances supplied by Owner in the Apartment are for your use. They are in good working order on the date hereof and will be maintained and repaired or replaced by Owner, but if repairs or replacement are made necessary because of your negligence or misuse, You will pay Owner for the cost of such repair or replacement as additional rent.
If the Apartment Corporation permits Owner to use any storeroom, storage bin, laundry or any other facility located in the Building but outside of the Apartment, and provided such use is transferable to You by Owner pursuant to the Cooperative Documents, the use of any such facility will be furnished to You free of charge and at your own risk.
You will operate at your expense any coin operated appliances located in any such facility. In any of these events, any rights You may have against Owner are only those rights which are allowed by laws in effect when the reduction in service occurs.
To erect, use and maintain pipes and conduits in and through the walls and ceilings of the Apartment; to inspect the Apartment; and to make any necessary repairs or changes Owner or the Apartment Corporation decide are necessary. Your rent will not be reduced because of any of this work, unless the rent payable by Owner under the Proprietary Lease is reduced. To show the Apartment to persons who may wish to become owners of the Apartment or may be interested in lending money to Owner.
For two months before the end of the Sublease, to show the Apartment to persons who wish to Sublease it. If, during the last month of the Sublease, You have moved out and removed all or almost all of your property from the Apartment, Owner may enter to make changes, repairs or redecorations.
Owner will not be responsible to You, unless during this entry, any authorized party is negligent or misuses your property. Assigning and Subletting. You cannot assign this Sublease or sublet the Apartment. You acknowledge that Owner may refuse any request made by You to assign this Sublease or to further sublet the Apartment for any reason or no reason. If You move out of the Apartment abandonment before the end of this Sublease without the consent of Owner, this Sublease will not be ended.
You will remain responsible for each monthly payment of rent as it becomes due until the end of this Sublease. In case of abandonment your responsibility for rent will end only if Owner chooses to end this Sublease for default as provided in Article You default under the Lease if You act in any of the following ways: i You fail to carry out any agreement or provision of this Lease; ii You, a Permitted Occupant of the Apartment, servants or people visiting the Apartment behave in an objectionable manner; iii You, a Permitted Occupant of the Apartment, servants or people visiting the Apartment violate any of the Condominium Documents; iv You do not take possession or move into the Apartment 15 days after the beginning of this Lease; or v You and the Permitted Occupants of the Apartment move out permanently before this Lease ends.
If You do default in any one of these ways, other than a default in the agreement to pay rent, Owner may serve You with a written notice to stop or correct the specified default within 10 days. You must then either stop or correct the default within 10 days, or, if You need more than 10 days, You must begin to correct the default within 10 days and continue to do all that is necessary to correct the default as soon as possible.
If You do not stop or begin to correct a default within 10 days, Owner may give You a second written notice that this Sublease will end 6 days after the date the second written notice is sent to You.
At the end of the 6-day period, this Sublease will end, You then must move out of the Apartment. Even though this Sublease ends, You will remain liable to Owner for unpaid rent up to the end of this Sublease, the value of your occupancy, if any, after the Sublease ends, and damages caused to Owner after that time as stated in Article If You do not pay Your rent when this Sublease requires after a personal demand for rent has been made, or within 3 days after a statutory written demand for rent has been made, or if the Sublease ends Owner may do the following: i enter the Apartment and retake possession of it if You have moved out; ii go to court and ask that You and all other occupants in the Apartment be compelled to move out.
Once this Sublease has been ended, whether because of default or otherwise, You give up any right You might otherwise have to reinstate this Sublease. You must pay Your rent until this Sublease has ended. Thereafter, You must pay an equal amount for what the law calls "use and occupancy" until You actually move out.
Once You are out, Owner may re-rent the Apartment or any portion of it for a period of time which may end before or after the ending date of this Sublease.
Owner may re-rent to new subtenant at a lesser rent or may charge a higher rent than the rent in this Sublease. You shall pay all damages due in monthly installments on the rent day established in this Lease. If the rent collected by Owner from a subsequent subtenant of the Apartment is more than the unpaid rent and damages which You owe Owner, You cannot receive the difference.
This is in addition to the remedies in Article 17 and 18 of this Sublease. If this Sublease has ended when these fees and expenses are incurred, You will still be liable to Owner for the same amount as damages.
Owner agrees that unless subparagraph iv of subparagraph 20 A has been stricken out of this Sublease, You have the right to collect reasonable legal fees and expenses incurred in a successful defense by You of a lawsuit brought by Owner against You or brought by You against Owner to the extent provided by Real Property Law Section You shall pay the Apartment Corporation on demand for the cost of any miscellaneous charges payable to the Apartment Corporation for services You requested that are not required to be furnished You under this Sublease.
Owner will not be liable for any temporary interference with light, ventilation, or view caused by construction by or on behalf of the Apartment Corporation. Owner will not be liable for any such interference on a permanent basis caused by construction on any parcel of land not owned by Owner or the Apartment Corporation. Owner will not be liable to You for such interference caused by the permanent closing, darkening or blocking up of windows, if such action is required by law. None of the foregoing events will cause a suspension or reduction of the rent or allow You to cancel the Sublease.
If the Apartment becomes unusable, in part or totally, because of fire, accident or other casualty, this Sublease will continue unless ended by Owner under subparagraph C below or by You under subparagraph D below. However, the rent will be reduced immediately.
This reduction will be based upon the square footage of the part of the Apartment which is unusable. After a fire, accident or other casualty in the Building, the Apartment Corporation may decide to tear down the Building or to substantially rebuild it. In such case, Owner need not restore the Apartment but may end this Sublease. Owner may do this even if the Apartment has not been damaged, by giving You written notice of this decision within 30 days after the date when the damage occurred.
If the Apartment is unusable when Owner gives You such notice, this Sublease will end 60 days from the last day of the calendar month in which You were given the notice. If the Apartment is completely unusable because of fire, accident or other casualty and it is not repaired in 30 days, You may give Owner written notice that You end the Sublease. If You give that notice, this Sublease is considered ended on the day that the fire, accident or casualty occurred.
Owner will promptly refund your security deposit and the pro-rata portion of rents paid for the month in which the casualty happened.
STANDARD FORM OF COOPERATIVE APARTMENT SUBLEASE
You shall use the Apartment for living purposes only. The Apartment may be occupied only by You and the following Permitted Occupants: You acknowledge that: i this Sublease may not commence until the occupancy of the Apartment by You and the Permitted Occupants has been approved by the Board of Directors of "Apartment Corporation" ; and ii no other person other than You and the Permitted Occupants may reside in the Apartment without the prior written consent of the Owner and the Apartment Corporation. The term that means the length of this Sublease will begin on , and will end on. If You do not do everything You agree to do in this Sublease, Owner may have the right to end this Sublease before the ending date. If Owner does not do everything that Owner agrees to do in this Sublease, You may have the right to end the Sublease before the ending date.
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