Preview
D OUN Pi BV INDEX NO. 511293/2024
NYSCEF Doc. NO. 43 RECEIVED NYSCEF: 05/21/2024
EXHIBIT C
D: OUN PK DM INDEX NO. 511293/2024
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024
HOUSE LEASE
(THIS LEASE IS NOT SUBJECT TO RENT CONTROL
OR RENT STABILIZATION)
PREAMBLE: This lease contains the agreements between You and Owner concerning Your rights and obligations and the rights and
obligations of Owner. You and Owner have other rights and obligations which are set forth in government law and regulations.
You should read this Lease and all of its attached parts carefully. If You have any questions, or if You do not understand any
words or statements, get clarification. Once You and Owner sign this Lease You and Owner will be presumed to have read it and
understood it. You and Owner admit that all agreements between You and Owner have been written into this Lease. You understand
that any agreements made before or after this Lease was signed and not written into it will not be enforceable.
THIS LEASE is made on 01/15/2024 between:
Owner: 70 Lefferts LLC and You, the Tenant: Brotherhoods And Sons Construction
Corp,
whose address is 164 20th Street, Suite 3E whose address is 70 Lefferts Place
Brooklyn, NY 11238
Brooklyn, NY 11232
Monthly Rent: $16,000.00 Security Deposit: $16,000.00
Broker: Bank: Signature Bank, 565 Fifth Avenue, New
York NY 10017
1 HOUSE AND USE
Owner agrees to lease to You, The Building known as and located at 70 Lefferts Place, Borough of Brooklyn, City and State of
New York.
The House must be used only as a residential House to live in and for no other reason. Only a party signing this Lease and the spouse
and children of that party may use the House so long as the party to the Lease is in occupancy. Tenant takes possession of the House in
“as is" condition. It is expressly understood that the House shall be occupied only by:
You must give Owner written notification prior to any other occupants moving into the House.
2 LENGTH OF LEASE
The term (that means the length) of this Lease is 12 ( Twelve) Months, beginning on January 15", 2024 and ending on January
15", 2025. If You do not do everything You agree to do in this Lease, Owner has the right to terminate the Lease before the above
ending date.
3 RENT
Your monthly installment of rent for the House is the amount specified above. You must pay Owner the rent, in advance, on the
first day of each month either at Owner’s office or at another place that Owner may inform You of by written notice. You must pay one
(1) full month’s rent to Owner when you sign the Lease by official bank check or money order, unless permitted otherwise by Owner.
If the Lease begins on a date that is other than the first day of a month, the period immediately following the beginning date of the Lease
through the end of the month in which the Lease begins shall be deemed to be, and referred to as, the “First Partial Month”. Rent for
the First Partial Month, if any, shall be the pro rata fraction of the rent calculated on a per diem basis and shall be paid at the end of said
First Partial Month.
You shall pay the rent as it becomes due, without any deductions, unless permitted by law.
Late Charge. If You fail to make a payment of all or any part of the monthly rent for the House within five (5) days of the date it
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is due, You shall pay a late charge equal to the lesser of fifty ($50.00) dollars or five percent (5%) of the monthly rent. This late charge
shall be payable for each monthly installment of rent for the House which is not paid within five (5) days of the date it is due. These
late charges are in addition to any other remedies for non-payment of rent available to the Owner pursuant to this Lease and applicable
law, including but not limited to legal fees, interest and other costs.
You may be required to pay other charges to Owner under the terms of this Lease. They are called “added rent” or “additional rent”.
This added rent or additional rent is payable either when the next monthly rent payment is due or on an earlier date if the Owner’s notice
to you of the charge specifies an earlier date. If You fail to pay the added rent or additional rent, Owner may commence a court action
to collect the unpaid amounts.
If You make any payments by check and such check is returned unpaid to Owner for any reason, Owner shall charge You $30.00,
which charge shall be due and payable on demand by Owner or with the next installment of rent, whichever happens first. After the
second (2) such occurrence, only cashier's check or certified funds will be accepted until otherwise instructed by the Owner. For the
purpose of this Lease, no rent shall in any event be deemed paid until such payment is actually received, accepted and collected by
Owner. Owner utilizes AppFolio, an on-line method of rent payment, which is Owner’s preferred method for You to make Your monthly
rent payment and other charges which may become due and payable. You acknowledge and agree that the information shown on the
AppFolio ledgers, or other on-line systems utilized by Owner, may not provide the most current information, and Owner shall not be
bound by the information contained in the on-line ledger system unless specifically confirmed by Owner in writing.
You acknowledge that the Owner may not fully scrutinize and examine each check to see that the check submitted is the check of yours.
Accordingly, in the event a third party check is given for rental due and is accepted by Owner, such acceptance shall not constitute a
waiver of Owner's rights nor confer any rights upon the third party nor entitle the third party to make a claim as a tenant or right to
occupy the Premises, or create an owner-tenant relationship. Owner may report unpaid rent and damages to a credit bureau for your
credit file.
Writings, notations or statements written on the front or back of any check, money order or other monetary instrument given to
Owner shall not be deemed a part of this Lease and shall not be binding on Owner. Owner’s acceptance, endorsement, deposit or
negotiation of the said check, money order or other monetary instrument shall not be deemed an acceptance of the conditions on same
and Owner may accept same as if the said writing, statement or notation did not exist.
4. SECURITY DEPOSIT
You are required to give Owner the sum listed on front page when You sign this Lease as a security deposit, which is called in law
a trust. The Owner will deposit this security in the Bank listed above. This bank account will earn interest. If You carry out all of your
agreements in this Lease, at the end of each calendar year Owner or the bank will pay to Owner 1% of the amount of the deposit for
administrative costs and to You all other interest, if any, earned on the security deposit.
Prior to occupying the House You have the right to inspect the House with the Owner or the Owner’s agent. If you request this
inspection You and the Owner will sign an agreement after the inspection noting the condition of the House including any existing
damages or needed repairs in the House, these are called “pre-existing conditions”. If You do not inspect the House and enter into this
agreement You cannot contend when you vacate the House that there were pre-existing conditions for which You are not responsible to
correct or pay to have corrected by the Owner as a deduction from the security deposit.
Prior to the end of this Lease or any renewal of this Lease, if the Owner notifies You that the Lease is not being renewed, or if You
give the Owner at least two (2) weeks’ notice that You do not intend to renew this Lease, You may request an inspection of the House
to determine its condition. The inspection will take place no earlier than two (2) weeks and no later than one (1) week before the end
of Your tenancy. After the inspection the Owner will provide You with an itemized statement specifying any repairs or cleaning that
must be done to the House and which will be the basis for deductions from the security deposit. You may correct any such condition
prior to vacating the House.
If You carry out all of your agreements in this Lease and if You move out of the House 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, Owner will return to
You the full amount of your security deposit and interest to which You are entitled after this Lease ends. However, if You do not carry
out all agreements in this Lease, Owner may keep all or part of your security deposit and any interest which has not yet been paid to
You necessary to pay Owner for any losses incurred, including missed payments. You may not use the security deposit to pay your last
month’s rent.
Within fourteen (14) days after You have vacated the House the Owner shall provide You with an itemized statement specifying the
basis for any amount of the security deposit retained by the Owner, if any, along with a check for the remaining portion of the security
deposit. When You vacate the House You must give the Owner or the Owner’s agent Your new address, if You do not, this statement
and any amount of the security deposit to which You are entitled, will be mailed to You at the House.
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If Owner sells or leases the Building, Owner will turn over your security, with interest, either to You or to the person buying or
leasing (lessee) the Building within five (5) days after the sale or lease. Owner will then notify You, by 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 or lessee will become responsible to You for the security deposit.
If You violate this Lease by using the security deposit as the last month's rent, You will be required to pay Owner a special handling
charge equal to 25% of one month’s rent in addition to damages, if any. This handling charge is due and payable on the last day of the
last month of the term of this Lease.
5. FAILURE TO GIVE POSSESSION
Owner shall not be liable for failure to give You possession of the House on the beginning date of the Term. Rent shall be payable
as of the beginning of the Term unless Owner is unable to give possession. Rent shall then be payable as of the date possession is
available. Owner will notify You as to the date possession is available. The ending date of the Term will not change. Owner is not
responsible for your damages or expenses due to the failure to give possession and this Lease will remain in effect. Notwithstanding
the foregoing, if Owner is unable to give You possession of the House by the 30" day after the beginning date of the Term as stated in
Paragraph 2 above, either You or Owner may cancel this Lease by given written notification to the other by certified mail, return receipt
requested, or by nationally recognized overnight courier, or by personal delivery, and neither party shall thereafter have any further
liability or obligation to the other, except that Owner shall return all funds paid by You at the time You signed this Lease. The effective
date of the cancellation shall be the date the notice is received by the other party.
6. CAPTIONS
In any dispute arising under this Lease, in the event of a conflict between the text and a caption, the text controls.
7. CARE OF YOUR HOUSE; END OF LEASE; MOVING OUT
A. You will take good care of the House and will not permit or do any damage to it, excepting through ordinary wear and tear.
You will move out on or before 5:00 PM on the ending date of this Lease and leave the House broom clean, in good order, and in the
same condition as it was when You first occupied it, except for ordinary wear and tear. 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.
B. You will give the Owner 30 days’ written notice of the date You intend to move out. When this Lease ends, You must remove
all of your property. You must also remove at your expense, any and all wall and floor coverings, furnishings, decorations, bookcases,
cabinets, mirrors, painted murals or any other installation or attachment You have installed in the House, even if it was done with
Owner's consent. You must restore and repair to its original condition those portions of the House 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 House. If Your property
remains in the House after the Lease ends, Owner may either treat You as still in occupancy and charge You for use, or may consider
that You have given up the House and any property remaining in the House. In this event, Owner may either discard the property or
store it at Your expense. 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 the Lease.
Cc You cannot build in, add to, change or alter, the House in any way, including wallpapering, repainting or other decorating,
without getting Owner's written consent before You do anything. Without Owner's prior written consent, You cannot install or use in
the House any of the following: dishwasher machines, clothes washing or drying machines, electric stoves, garbage disposal units,
heating, ventilating or air conditioning units or any other electrical equipment which, in Owner's reasonable opinion, will overload the
existing plumbing or electrical wiring installation in the Building or interfere with the use of such plumbing or electrical wiring facilities
by other tenants of the Building. Also, You cannot place in the House water-filled furniture.
D. You may not paint or chemically treat or decorate with any wall covering the kitchen cabinets, bathroom tile, or exposed brick
or concrete walls. You may not scrape, stain or refinish any floors. You must get prior written permission from the Owner for any
painting or decorating.
E. Floors. House floors shall be covered with rugs or carpeting to the extent of at least 80% of the floor area of each room
excepting only kitchens, pantries, bathrooms and hallways. The tacking stripe for wall-to-wall carpeting should be glued, not nailed to
the floor.
F. Complaints regarding the service of the Building shall be made in writing to the managing agent of the Owner.
8. YOUR DUTY TO OBEY AND COMPLY WITH LAWS, REGULATIONS AND LEASE RULES
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A. Government Laws and Orders. You will obey and comply (1) with all present and future city, state and federal laws and
regulations which affect the Building or the House, and (2) with all orders and regulations of Insurance Rating Organizations which
affect the House and the Building. You will not allow any windows in the House to be cleaned from the outside, unless the equipment
and safety device required by law are used.
B. Owner's Rules Affecting You. You will obey all Owner's rules listed in this Lease and all future reasonable rules of Owner or
Owner's agent. Notice of all additional rules shall be delivered to You in writing or posted in the lobby or other public place in the
Building. Owner shall not be responsible to You for not enforcing any rules, regulations or provisions of another tenant's lease except
to the extent required by law.
C. Your Responsibility. You are responsible for the behavior of yourself, of your immediate family, your staff 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, members of your family, servants or people visiting You have not obeyed government
laws and orders or the agreements or rules in this Lease.
D. Tenant's Responsibility for Separation of Recyclables and Trash. You agree at your sole cost and expense to comply with all
present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and
boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse and trash into such categories as
provided by law, and in accordance with the Rules and Regulations adopted by Owner for the sorting and separation of such designated
recyclable materials. Owner reserves the right, where permitted by law, to refuse to collect or accept from you any waste products,
garbage, refuse or trash which is not separated and sorted as required by law. Where permitted by law Owner reserves the right to
require you to arrange for such collection at your sole cost and expense, utilizing a contractor satisfactory to Owner. Tenant shall pay
all costs, expenses, fines, penalties, or damages which may be imposed on Owner or Tenant by reason of Tenant's failure to comply
with the provisions of this Paragraph, and, at Tenant's sole cost and expense, Tenant shall indemnify, defend and hold Owner harmless
(including legal fees and expenses) from and against any actions, claims, and suits arising from such Tenant non-compliance, utilizing
counsel reasonably satisfactory to Owner, if Owner so elects. Tenant's failure to comply with this Paragraph shall constitute a violation
of a substantial obligation of the tenancy, local statute, and Owner's rules and regulations. Tenant shall be liable to Owner for any costs,
expenses, or disbursements, including attorney's fees, incurred by Owner in the commencement and/or prosecution of any action or
proceedings by Owner against Tenant, predicated upon Tenant's breach of this Paragraph.
E. Non-Interference. You will do nothing to interfere with or make more difficult Owner's efforts to provide You and all other
occupants of the Building with the required facilities and services. Any condition caused by Your misconduct or the misconduct of
anyone under Your direction or control shall not be a breach by Owner.
F, Management must be notified immediately when any item(s) in your House needs repair.
9. OBJECTIONABLE CONDUCT
Asa tenant in the Building, You will not engage in objectionable conduct. Objectionable conduct means anything which interferes
with the right of others to properly and peacefully enjoy their Houses, or causes conditions that are dangerous, unsanitary and detrimental
to other tenants in the Building. Objectionable conduct by You gives Owner the right to end this Lease.
10. SERVICES AND FACILITIES
A. Required Services. Owner will provide the systems that supply heat and cold and hot water, to the House, and repairs to the
House as required by law and elevator service if the Building has elevator equipment. You are not entitled to any rent reduction because
of a stoppage or reduction of any of the above services. You must maintain the temperature in the House at a minimum of 55 degrees
at all times so as to ensure there will be no damage to the mechanical systems and that the pipes will not freeze.
B The following utilities are included in the rent: Water.
Cc Utilities. Electricity, including but not limited to the charges for the operation of heating systems, air conditioning units and/or
systems and the cost of operating the fan and compressor, electric for cooking purposes, are not included in the rent; therefore, You
must arrange for and pay directly for this service. You must also pay directly for telephone service, internet service and cable television.
Tenant acknowledges that the Owner has made no promise or representation of any kind or nature with respect to the operation of the
air conditioning units or systems, including without limitation the manner of the functioning of the systems.
D. Intentionally Omitted.
E Appliances. ppliances supplied by Owner in the House are for Your use. They will be maintained and repaired or replaced
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by Owner, but if repairs or replacements are made necessary because of Your negligence or misuse, You will pay Owner for the cost of
such repair or replacement as additional rent. You may not replace the appliances without the Owner’s prior written permission. Any
replacement appliance must be equivalent or better than those provided by Owner and shall, at Owner’s option remain in the House at
the end of the lease term.
F Laundry and Other Facilities. If Owner permits You to use any laundry or any other facility located in the Building but outside
of the House (except as otherwise stated elsewhere in this Lease), the use of any of these facilities will be furnished to You at your own
risk, except for loss suffered by You due to Owner's negligence. You will operate at Your expense any coin operated appliances located
in any such of these facilities. Owner has no obligation to You to provide laundry or any other facility and Owner may discontinue such
service at any time.
G Smoke and/or Carbon Monoxide Detector. If Owner has or hereafter shall install one or more smoke and/or carbon monoxide
detectors in Your House, it is understood that Owner shall not be responsible for any servicing or maintenance of the smoke detector,
including, but not limited to, the replacement of batteries, if applicable, except as provided by applicable law or statute. If a detector
has been installed in the House, You acknowledge that You have inspected it and that it is in good working order. You shall be liable
to Owner for any damage resulting from Your failure to keep it in good working order. Owner shall not be liable for any damage caused
by the failure of such detector to operate properly.
H. Security Systems. (1) You acknowledge that the Owner makes no representation and assumes no responsibility whatsoever
with respect to the functioning or operation of any of the human or mechanical security systems which the Owner does or may provide.
You agree that the Owner shall not be responsible or liable for any bodily harm or property loss or damage of any kind or nature which
You or any members of Your family, employees or guest may suffer or incur by reason of any claim that the Owner, his agents or
employees or any mechanical or electronic system in the building has been negligent or has not functioned properly or that some other
or additional security measure or system could have prevented the bodily harm or property loss or damage.
I Terraces and Balconies and Roof Deck. (1) The House may have a terrace or balcony. The terms of this Lease apply to the
terrace or balcony and the Building’s Roof Deck as if part of the House. The Owner may make special rules for the terrace, balcony
and Roof Deck. Owner will notify You of such rules. (2) You must keep the terrace or balcony clean and free from snow, ice, leaves
and garbage and keep all screens and drains in good repair. NO cooking with gas or charcoal grills is allowed on the terrace, balcony
or Roof Deck. You may not keep or install a fence or make any changes or additions to the terrace or balcony. Installation of furniture
and plants requires prior approval of Owner. If You do, Owner has the right but shall not be obligated to remove these items and store
them at Your expense.
(a) The terrace is used by You and Your guests at Your and their own risk;
(b) All of Your property on the terrace is Your responsibility. You must secure the terrace railings so as not to allow
guests and children to leave the terrace area;
(c) You shall not place objects on the terrace or Roof Deck that would damage the deck or allow normal aging process to be
hampered. If additional planters are placed on the terrace deck they must be placed on an object that allows air and drainage to
flow underneath. All planters should be moved periodically to allow direct sunlight on the terrace;
(d) You may not leave Your Personal Property on the Roof Deck OR USE THE ROOF AT ANY TIME FOR ANY PURPOSE.
J Intentionally Omitted.
K. For sanitary reasons tenants shall not provide food for wild birds (i.e., bread crumbs, bird seed, etc.) by the installation of bird
feeders from the terrace and/or windows or window sills.
L No Pets. Dogs or animals of any kind shall not be kept or harbored in the House, unless in each instance it be expressly
permitted in writing by Owner. This consent, if given can be taken back by Owner at any time for good cause on reasonable given
notice. Unless carried or on a leash, a dog shall not be permitted in any public portion of the building. BECAUSE OF THE HEALTH
HAZARD AND POSSIBLE DISTURBANCE OF OTHER TENANTS WHICH ARISE FROM THE UNCONTROLLED PRESENCE
OF ANIMALS, ESPECIALLY DOGS, IN THE BUILDING THE STRICT ADHERENCE TO THE PROVISIONS OF THIS RULE
BY EACH TENANT IS A MATERIAL REQUIREMENT OF EACH LEASE. TENANTS! FAILURE TO OBEY THIS RULE SHALL
BE CONSIDERED A SERIOUS VIOLATION OF AN IMPORTANT OBLIGATION BY TENANT UNDER THIS LEASE. OWNER
MAY ELECT TO END THIS LEASE BASED UPON THIS VIOLATION. OWNER RESERVES THE RIGHT TO REVOKE
HIS/HER CONSENT TO A RESIDENT(S)' PET AT ANY TIME. If Owner permits You to have a pet you will abide by the following
rules:
. ONLY ONE PET IS ALLOWED IN THE HOUSE.
. DOG MUST BE 50 LBS OR LESS AT FULL MATURITY.
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° NO POTENTIALLY LARGE OR AGGRESSIVE BREEDS. AGGRESSIVE BREEDS INCLUDE, BUT ARE NOT
LIMITED TO: ROTTWEILERS, PIT BULLS, DOBERMANS, GERMAN SHEPPARDS AND CHOW CHOWS;
WHETHER PURE BREED OR MIXED BREED, ANY OF THE AFOREMENTIONED WILL NOT BE PERMITTED.
OWNER MUST APPROVE ALL PETS PRIOR TO PET MOVE IN.
PRIOR TO PET MOVE IN YOU MUST SUPPLY OWNER WITH AN UPDATED VET RECORD FOR WEIGHT
PURPOSES.
PRIOR TO MOVE IN YOU MUST SUPPLY TWO UPDATED PHOTOS OF PET (ONE FRONT VIEW AND ONE SIDE
VIEW).
WHEN WALKING YOUR PET IT MUST BE LEASHED. UNLESS CARRIED OR ON A LEASH, A DOG SHALL NOT
BE PERMITTED ON ANY PASSENGER ELEVATOR OR IN ANY PUBLIC PORTION OF THE BUILDING. DOGS ARE
NOT PERMITTED ON ANY GRASS OR GARDEN PLOT UNDER ANY CONDITION.
YOU MUST BE SURE TO PICK UP YOUR PET’S WASTE.
YOUR PET CANNOT AT ANY TIME DISTURB THE RIGHTS COMFORT & CONVENIENCE OF THE OWNER, THE
BUILDING & ITS RESIDENTS. OWNER RESERVES THE RIGHT TO RESCIND PERMISSION TO HAVE A PET IF
YOUR PET CAUSES ANY TYPE OF DISTURBANCE AT ANY TIME.
YOU SHALL PROVIDE ADEQUATE AND REGULAR VETERINARY CARE OF PET, AMPLE FOOD AND WATER,
AND SHALL NOT LEAVE PET UNATTENDED IN THE HOUSE FOR ANY UNDUE LENGTH OF TIME. TENANT
SHALL PROPERLY DISPOSE OF CAT BOX FILLER AND LITTER FROM BIRDS AND RODENTS.
Your failure to comply with the rules contained herein will result in fines and penalti Because of the health hazard and possible
disturbance of other residents which arise from the uncontrolled presence of animals, especially dogs, in the building the strict adherence
to these rules by You is a material requirement of the Lease. Your failure to obey the rules shall be a serious violation of a material
obligation by You under this Lease. Owner may elect to end this Lease based on this violation. Owner reserves the right to revoke
his/her consent to You having a pet at any time.
M. No public hall of the Building shall be decorated or furnished by any tenant in any manner. No article shall be placed in the
halls or on the staircase landings or fire towers, nor shall anything be hung or shaken from doors, windows, terraces or balconies nor
shall anything be placed upon the window sills or facade of the Building.
N. In the event that the Owner commences summary proceedings for non-payment of rent, or any other legal action as a result of
a default of this Lease and the provisions of this Lease, Owner may immediately discontinue Your access to non-essential services.
Non-essential services include use of a community room and a health club facilities and a roof or sundeck if applicable.
il. INABILITY TO PROVIDE SERVICES
Because of a strike, labor trouble, national emergency, repairs, or any other cause beyond Owner's reasonable control, Owner may
not be able to provide or may be delayed in providing any services or in making any repairs to the Building in any of these events.
Owner will not be liable to You for any damages You sustain as a result of Owner’s inability to provide services, nor will You be entitled
to a reduction in rent or any other compensation. Owner is not required to provide any service besides those specifically written in this
Lease. Owner may provide or discontinue services and You will not be entitled to a reduction in rent.
12. ENTRY TO HOUSE
During reasonable hours and with reasonable notice, except in emergencies, in which case no notice is required, Tenant authorizes
Owner to enter the House, for the following reasons:
A To erect, use and maintain pipes and conduits in and through the walls and ceilings of the House; to inspect the House and to
make any necessary repairs or changes Owner decides are desirable or necessary. Your rent will not be reduced because of any of this
work, unless required by Law.
B To show the House to persons who may wish to become owners or lessees of the entire Building, or to purchase the House, or
who may be interested in lending money to Owner.
Cc For four (4) months before the end of the Lease, to show the House to persons who wish to rent it. If You refuse permission to
show the House within the final month of this Lease, the Owner may charge you a fee equal to one months’ rent, which shall be
collectible with the next payment of Rent, or in the Owner's discretion as a reduction from the Security Deposit.
D. Intentionally Omitted.
E. If during the last month of the Lease You have moved out and removed all or almost all of Your property from the House,
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Owner may enter to make changes, repairs, or redecorations. Your rent will not be reduced for that month and this Lease will not be
ended by Owner's entry.
F. If at any time You are not personally present to permit Owner or Owner's representative to enter the House and entry is
necessary or allowed by law or under this Lease, Owner or Owner's representatives may nevertheless enter the House. Owner may enter
by force in an emergency. Owner will not be responsible to You, unless during this entry, Owner or Owner's representative is negligent
or misuses Your property.
G If Owner enters the House, Owner will try not to disturb You. Owner may keep all equipment necessary to make repairs or
alterations to the House in the House. Owner is not responsible for disturbance or damage to You because of performing work or
keeping the equipment in the House. Owner's use of the House does not give You a claim of eviction. Owner may enter the House to
get to any part of the House Building.
H. You shall supply Owner with all keys necessary to gain access to the House. You may not change the lock and/or add any lock
to the entrance door of the House without the prior written consent of Owner. You will immediately give Owner a duplicate key or keys
if changes or additions are made to any lock. At the termination of this Lease You must return to Owner all keys either furnished or
otherwise obtained for the entrance door lock. If you lose or fail to return any keys which were furnished to You by Owner, You shall
pay Owner the cost of replacing such keys and such costs may be deducted by Owner from the security deposit held by Owner.
13. ASSIGNMENT AND SUBLETTING
A. You cannot assign this Lease or sublet the House without Owner's advance written consent in each instance to a request made by
You in the manner required by Real Property Law § 226-b. Owner may refuse to consent to a lease assignment for any reason or no
reason, but if Owner unreasonably refuses to consent to a request for a Lease assignment properly made, than at your request in writing,
Owner will end this Lease effective as of thirty days after your request to terminate this Lease. The first and every other time you wish
to sublet the House, You must get the written consent of Owner. Owner may not unreasonably withhold consent to sublet following
Your request to sublet in the manner provided by Real Property Law § 226-b and provided the House remains Your primary residence
and You intend to return to the House after the sublease ends. Owner may impose a reasonable credit check fee on You in connection
with an application to assign or sublet, which shall not exceed the amount permitted by applicable law and shall be subject to a $250
review and processing fee. If You fail to pay your rent Owner may collect rent from subtenant or occupant without releasing You from
the Lease. Owner will credit the amount collected against the rent due from You. However, Owner's acceptance of such rent does not
change the status of the subtenant or occupant to that of direct tenant of Owner and does not release You from this Lease.
B In the event of an unauthorized assignment or sublease, the Owner shall be entitled to collect the rent from the occupant in the
same manner as You the Tenant. Such acceptance shall not be deemed a consent to the assignment or sublease.
Cc. You shall remain liable under this Lease after a sublease or assignment, unless released in writing by the Owner.
D. The State and City of New York have enacted legislation specifically recognizing the dangers inherent in allowing Houses
meant for permanent residential purposes to be used on a short term transient basis. Section 27-2004(8) (a) of the New York City
Administrative Code provides that a class A multiple dwelling shall only be occupied for permanent residence purposes which means
occupancy by the tenant or tenant’s family for no less than thirty (30) consecutive days. Tenant acknowledges and agrees that it is a
substantial non-curable violation of this Lease, to sublease or license in any way the House for less than a period of thirty (30) days and
Tenant covenants and agrees that Tenant shall not rent, sublease or license in any way the House for less than a period of thirty (30)
days. Tenant further covenants and agrees not to advertise the House as being available for rent, sublease or license for a period less
than thirty (30) days whether said advertisement be on the internet, in printed publications or in any other form of mass media. Tenant
acknowledges and agrees that it is a substantial non-curable violation of this Lease to advertise the House as being available for rent,
sublease or license for a period less than thirty (30) days whether said advertisement be on the internet, in printed publications or in any
other form of mass media. Nothing contained herein shall be deemed permission for Tenant to sublease the House for thirty (30) days
or more without obtaining Owner’s prior written consent as required by the Lease and/or Sec. 226-b of the Real Property Law.
A breach of these covenants by the Tenant shall be grounds for immediate termination of the Lease by the Owner and Owner
may serve a written ten (10) days’ notice of cancellation of this Lease upon Tenant and, upon the expiration of said ten (10) days, this
Lease and the Term shall end and expire as fully and completely as if the expiration of such ten (10) day period were the day herein
definitely fixed for the end and expiration of this Lease and Tenant shall then quit and surrender the House to Owner, but Tenant shall
remain liable as elsewhere provided in this Lease. Owner may commence a summary proceeding to evict the Tenant from the House
upon the expiration of said ten (10) day period. Owner may also enforce these covenants and prohibitions in a court of competent
jurisdiction by a decree of specific performance and by appropriate injunctive relief, all in accordance with applicable law.
TENANT AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL LOSS OR
DAMAGE WHICH OWNER MAY INCUR AS A RESULT OF THE BREACH BY TENANT OF ANY OF THE FOREGOING,
INCLUDING, WITHQUT LIMITATION, ANY WITHHOLDING OF RENT BY TENANTS OF THE BUILDING, ANY AND ALL
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FINES OR PENALTIES IMPOSED ON OWNER BY ANY GOVERNMENTAL AGENCY AND ALL ATTORNEYS’ FEES AND
DISBURSEMENTS INCURRED BY OWNER IN CONNECTION WITH ANY LITIGATION OR NEGOTIATIONS WITH
TENANT OR ANY OTHER TENANTS OF THE BUILDING, OR WITH ANY GOVERNMENTAL AGENCY, WITH RESPECT
TO TENANT’S VIOLATION OF THE RESTRICTIONS AGAINST SHORT TERM RENTALS OR ADVERTISING THE HOUSE
FOR A SHORT TERM RENTAL. TENANT ACKNOWLEDGES BEING INFORMED THAT CURRENTLY THE PENALTY FOR
ADVERTISING SHORT TERM RENTALS OR FOR RENTING AN HOUSE AS A SHORT TERM RENTAL AS DEFINED
HEREIN CAN BE AS HIGH AS $7,500.00 PER VIOLATION AND TENANT SHALL BE RESPONSIBLE TO PAY THE FULL
AMOUNT OF THE PENALTY.
TENANT FURTHER AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, LOSS OR DAMAGE RESULTING FROM OWNER, ITS AGENTS OR EMPLOYEES, GRANTING ACCESS TO THE
BUILDING TO ANYONE RENTING THE HOUSE FROM TENANT ON A SHORT TERM BASIS OR OTHERWISE.
14, DEFAULT You default under this Lease if You act in any of the following ways:
(1) (a) You fail to carry out any agreement or provisions of this Lease;
(b) You or another occupant of the House behaves in any objectionable manner;
(c) You do not take possession or move into the House fifteen (15) days after the beginning of this Lease;
(d) You and other legal occupants of the House move out before this Lease ends.
If You 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 cure the specified default within 10 days. If you fail to cure the default in the time stated, Owner may terminate the
Lease by giving Tenant a termination notice. The termination notice will state the date on which the Lease will end. The termination
date will be no less than Seven (7) days after the date of the notice, and the Lease shall end on such date, and Tenant shall vacate the
House on or before such date.
(2) If You do not pay Your rent within five (5) days of when this Lease requires, the Owner thereafter will send You a written
notice by certified mail notifying You that the rent has not been paid. If You still do not pay Your rent within fourteen (14) days after
written demand for rent has been made, Owner may commence a summary non-payment of rent proceeding seeking Your eviction from
the House.
(3) If Your application for the House contains any misrepresentation or false statement, or if you engage in objectionable
conduct this will be a non-curable default, and Owner may terminate this Lease on three (3) days notice. At the end of the three-day
period, this Lease will end. You must then move out of the House.
(4) If(1) You assign property for the benefit of creditors, or (2) You file a voluntary petition or an involuntary petition is filed
against You under any bankruptcy or insolvency law, or (3) a trustee or receiver of You or Your property is appointed, Owner may give
You 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the 30 days, the Term
shall end as of the date stated in the notice. You must continue to pay rent, damages, losses and expenses without offset.
(5) It is expressly agreed and understood that if You, any member of Your family, Your employees, guests or invitees, who
conduct any illegal trade, or manufacture, or other illegal business on the premises, in the House, common area or grounds surrounding
the Building, shall be subject to immediate eviction from the House. The Owner need only provide clear and convincing proof of the
activity in order to enforce this section of the Lease.
(6) Even though this Lease ends, You will remain liable to Owner as provided in applicable law, for unpaid rent until the
House is re-rented, and for damages caused to Owner as stated in the section of this Lease entitled "REMEDIES OF OWNER AND.
YOUR LIABILITY".
Once this Lease has ended, whether because of default or otherwise, You lose any right You might otherwise have to reinstate
or renew the Lease,
15, REMEDIES OF OWNER AND YOUR LIABILITY
If this Lease is ended by Owner because of Your default, the following are the rights and obligations of You and Owner.
(a) You must pay rent until this Lease has ended. Thereafter, You must pay, as a “hold over”, an amount equal to 200% of
the rent provided for, in this Lease on the day the Lease has ended, for what the law calls "use and occupancy" until You actually vacate;
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(b) Once You vacate, Owner will attempt to re-rent the House for a period of time which may end before or after the ending
date of this Lease, Owner may re-rent to a new tenant at a lesser rent or at a higher rent than the rent in this Lease or for the same rent
as the rent in this Lease. If the Owner rents the House at a fair market value or for the same rent as the rent in this Lease, Your liability
to pay rent to the Owner shall terminate;
@ Owner may, at Your expense, do any work Owner reasonably feels needed to put the House in good repair and
prepare it for renting. Owner's expenses include the costs of getting possession and re-renting the House, including, but not only
reasonable legal fees, brokers fees, cleaning and repairing costs, decorating costs and advertising costs.
(ii) Any rent received by Owner for the re-renting shall be used first to pay Owner's expenses and second to pay any
amounts You owe under this Lease.
(iii) From time to time Owner may bring actions for damages. Delay or failure to bring an action shall not be a waiver of
Owner's rights. You are not entitled to any excess of rents collected over the rent paid by You to Owner under this Lease.
(c) Whether the House is re-rented or not, You must pay to Owner as damages, Owner's expenses for attorney's fees,
advertisements, broker's fees and the cost of putting the House in good condition for re-rental.
(d) You shall pay all damages due in monthly installments on the rent day established in this Lease. Any legal action brought
to collect one or more monthly installments of damages shall not prejudice in any way Owner's right to collect the damages for a later
month by a similar action.
(e) If (1) the Lease is canceled; or (2) rent is not paid on time; or (3) Tenant vacates the House, Owner may, in addition to
other remedies, take any of the following steps: (a) peacefully enter the House and remove Tenant and any person or property, and (b)
use eviction or other lawful method to take back the House, as permitted by applicable law.
(f) If Owner takes possession of the House by court order, or under the Lease Tenant has no right to return to the House.
(g) If You move out of the House (ab
Preview
D OUN Pi BV INDEX NO. 511293/2024 NYSCEF Doc. NO. 43 RECEIVED NYSCEF: 05/21/2024 EXHIBIT C D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 HOUSE LEASE (THIS LEASE IS NOT SUBJECT TO RENT CONTROL OR RENT STABILIZATION) PREAMBLE: This lease contains the agreements between You and Owner concerning Your rights and obligations and the rights and obligations of Owner. You and Owner have other rights and obligations which are set forth in government law and regulations. You should read this Lease and all of its attached parts carefully. If You have any questions, or if You do not understand any words or statements, get clarification. Once You and Owner sign this Lease You and Owner will be presumed to have read it and understood it. You and Owner admit that all agreements between You and Owner have been written into this Lease. You understand that any agreements made before or after this Lease was signed and not written into it will not be enforceable. THIS LEASE is made on 01/15/2024 between: Owner: 70 Lefferts LLC and You, the Tenant: Brotherhoods And Sons Construction Corp, whose address is 164 20th Street, Suite 3E whose address is 70 Lefferts Place Brooklyn, NY 11238 Brooklyn, NY 11232 Monthly Rent: $16,000.00 Security Deposit: $16,000.00 Broker: Bank: Signature Bank, 565 Fifth Avenue, New York NY 10017 1 HOUSE AND USE Owner agrees to lease to You, The Building known as and located at 70 Lefferts Place, Borough of Brooklyn, City and State of New York. The House must be used only as a residential House to live in and for no other reason. Only a party signing this Lease and the spouse and children of that party may use the House so long as the party to the Lease is in occupancy. Tenant takes possession of the House in “as is" condition. It is expressly understood that the House shall be occupied only by: You must give Owner written notification prior to any other occupants moving into the House. 2 LENGTH OF LEASE The term (that means the length) of this Lease is 12 ( Twelve) Months, beginning on January 15", 2024 and ending on January 15", 2025. If You do not do everything You agree to do in this Lease, Owner has the right to terminate the Lease before the above ending date. 3 RENT Your monthly installment of rent for the House is the amount specified above. You must pay Owner the rent, in advance, on the first day of each month either at Owner’s office or at another place that Owner may inform You of by written notice. You must pay one (1) full month’s rent to Owner when you sign the Lease by official bank check or money order, unless permitted otherwise by Owner. If the Lease begins on a date that is other than the first day of a month, the period immediately following the beginning date of the Lease through the end of the month in which the Lease begins shall be deemed to be, and referred to as, the “First Partial Month”. Rent for the First Partial Month, if any, shall be the pro rata fraction of the rent calculated on a per diem basis and shall be paid at the end of said First Partial Month. You shall pay the rent as it becomes due, without any deductions, unless permitted by law. Late Charge. If You fail to make a payment of all or any part of the monthly rent for the House within five (5) days of the date it 1 Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 is due, You shall pay a late charge equal to the lesser of fifty ($50.00) dollars or five percent (5%) of the monthly rent. This late charge shall be payable for each monthly installment of rent for the House which is not paid within five (5) days of the date it is due. These late charges are in addition to any other remedies for non-payment of rent available to the Owner pursuant to this Lease and applicable law, including but not limited to legal fees, interest and other costs. You may be required to pay other charges to Owner under the terms of this Lease. They are called “added rent” or “additional rent”. This added rent or additional rent is payable either when the next monthly rent payment is due or on an earlier date if the Owner’s notice to you of the charge specifies an earlier date. If You fail to pay the added rent or additional rent, Owner may commence a court action to collect the unpaid amounts. If You make any payments by check and such check is returned unpaid to Owner for any reason, Owner shall charge You $30.00, which charge shall be due and payable on demand by Owner or with the next installment of rent, whichever happens first. After the second (2) such occurrence, only cashier's check or certified funds will be accepted until otherwise instructed by the Owner. For the purpose of this Lease, no rent shall in any event be deemed paid until such payment is actually received, accepted and collected by Owner. Owner utilizes AppFolio, an on-line method of rent payment, which is Owner’s preferred method for You to make Your monthly rent payment and other charges which may become due and payable. You acknowledge and agree that the information shown on the AppFolio ledgers, or other on-line systems utilized by Owner, may not provide the most current information, and Owner shall not be bound by the information contained in the on-line ledger system unless specifically confirmed by Owner in writing. You acknowledge that the Owner may not fully scrutinize and examine each check to see that the check submitted is the check of yours. Accordingly, in the event a third party check is given for rental due and is accepted by Owner, such acceptance shall not constitute a waiver of Owner's rights nor confer any rights upon the third party nor entitle the third party to make a claim as a tenant or right to occupy the Premises, or create an owner-tenant relationship. Owner may report unpaid rent and damages to a credit bureau for your credit file. Writings, notations or statements written on the front or back of any check, money order or other monetary instrument given to Owner shall not be deemed a part of this Lease and shall not be binding on Owner. Owner’s acceptance, endorsement, deposit or negotiation of the said check, money order or other monetary instrument shall not be deemed an acceptance of the conditions on same and Owner may accept same as if the said writing, statement or notation did not exist. 4. SECURITY DEPOSIT You are required to give Owner the sum listed on front page when You sign this Lease as a security deposit, which is called in law a trust. The Owner will deposit this security in the Bank listed above. This bank account will earn interest. If You carry out all of your agreements in this Lease, at the end of each calendar year Owner or the bank will pay to Owner 1% of the amount of the deposit for administrative costs and to You all other interest, if any, earned on the security deposit. Prior to occupying the House You have the right to inspect the House with the Owner or the Owner’s agent. If you request this inspection You and the Owner will sign an agreement after the inspection noting the condition of the House including any existing damages or needed repairs in the House, these are called “pre-existing conditions”. If You do not inspect the House and enter into this agreement You cannot contend when you vacate the House that there were pre-existing conditions for which You are not responsible to correct or pay to have corrected by the Owner as a deduction from the security deposit. Prior to the end of this Lease or any renewal of this Lease, if the Owner notifies You that the Lease is not being renewed, or if You give the Owner at least two (2) weeks’ notice that You do not intend to renew this Lease, You may request an inspection of the House to determine its condition. The inspection will take place no earlier than two (2) weeks and no later than one (1) week before the end of Your tenancy. After the inspection the Owner will provide You with an itemized statement specifying any repairs or cleaning that must be done to the House and which will be the basis for deductions from the security deposit. You may correct any such condition prior to vacating the House. If You carry out all of your agreements in this Lease and if You move out of the House 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, Owner will return to You the full amount of your security deposit and interest to which You are entitled after this Lease ends. However, if You do not carry out all agreements in this Lease, Owner may keep all or part of your security deposit and any interest which has not yet been paid to You necessary to pay Owner for any losses incurred, including missed payments. You may not use the security deposit to pay your last month’s rent. Within fourteen (14) days after You have vacated the House the Owner shall provide You with an itemized statement specifying the basis for any amount of the security deposit retained by the Owner, if any, along with a check for the remaining portion of the security deposit. When You vacate the House You must give the Owner or the Owner’s agent Your new address, if You do not, this statement and any amount of the security deposit to which You are entitled, will be mailed to You at the House. Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 If Owner sells or leases the Building, Owner will turn over your security, with interest, either to You or to the person buying or leasing (lessee) the Building within five (5) days after the sale or lease. Owner will then notify You, by 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 or lessee will become responsible to You for the security deposit. If You violate this Lease by using the security deposit as the last month's rent, You will be required to pay Owner a special handling charge equal to 25% of one month’s rent in addition to damages, if any. This handling charge is due and payable on the last day of the last month of the term of this Lease. 5. FAILURE TO GIVE POSSESSION Owner shall not be liable for failure to give You possession of the House on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Owner is unable to give possession. Rent shall then be payable as of the date possession is available. Owner will notify You as to the date possession is available. The ending date of the Term will not change. Owner is not responsible for your damages or expenses due to the failure to give possession and this Lease will remain in effect. Notwithstanding the foregoing, if Owner is unable to give You possession of the House by the 30" day after the beginning date of the Term as stated in Paragraph 2 above, either You or Owner may cancel this Lease by given written notification to the other by certified mail, return receipt requested, or by nationally recognized overnight courier, or by personal delivery, and neither party shall thereafter have any further liability or obligation to the other, except that Owner shall return all funds paid by You at the time You signed this Lease. The effective date of the cancellation shall be the date the notice is received by the other party. 6. CAPTIONS In any dispute arising under this Lease, in the event of a conflict between the text and a caption, the text controls. 7. CARE OF YOUR HOUSE; END OF LEASE; MOVING OUT A. You will take good care of the House and will not permit or do any damage to it, excepting through ordinary wear and tear. You will move out on or before 5:00 PM on the ending date of this Lease and leave the House broom clean, in good order, and in the same condition as it was when You first occupied it, except for ordinary wear and tear. 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. B. You will give the Owner 30 days’ written notice of the date You intend to move out. When this Lease ends, You must remove all of your property. You must also remove at your expense, any and all wall and floor coverings, furnishings, decorations, bookcases, cabinets, mirrors, painted murals or any other installation or attachment You have installed in the House, even if it was done with Owner's consent. You must restore and repair to its original condition those portions of the House 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 House. If Your property remains in the House after the Lease ends, Owner may either treat You as still in occupancy and charge You for use, or may consider that You have given up the House and any property remaining in the House. In this event, Owner may either discard the property or store it at Your expense. 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 the Lease. Cc You cannot build in, add to, change or alter, the House in any way, including wallpapering, repainting or other decorating, without getting Owner's written consent before You do anything. Without Owner's prior written consent, You cannot install or use in the House any of the following: dishwasher machines, clothes washing or drying machines, electric stoves, garbage disposal units, heating, ventilating or air conditioning units or any other electrical equipment which, in Owner's reasonable opinion, will overload the existing plumbing or electrical wiring installation in the Building or interfere with the use of such plumbing or electrical wiring facilities by other tenants of the Building. Also, You cannot place in the House water-filled furniture. D. You may not paint or chemically treat or decorate with any wall covering the kitchen cabinets, bathroom tile, or exposed brick or concrete walls. You may not scrape, stain or refinish any floors. You must get prior written permission from the Owner for any painting or decorating. E. Floors. House floors shall be covered with rugs or carpeting to the extent of at least 80% of the floor area of each room excepting only kitchens, pantries, bathrooms and hallways. The tacking stripe for wall-to-wall carpeting should be glued, not nailed to the floor. F. Complaints regarding the service of the Building shall be made in writing to the managing agent of the Owner. 8. YOUR DUTY TO OBEY AND COMPLY WITH LAWS, REGULATIONS AND LEASE RULES Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 A. Government Laws and Orders. You will obey and comply (1) with all present and future city, state and federal laws and regulations which affect the Building or the House, and (2) with all orders and regulations of Insurance Rating Organizations which affect the House and the Building. You will not allow any windows in the House to be cleaned from the outside, unless the equipment and safety device required by law are used. B. Owner's Rules Affecting You. You will obey all Owner's rules listed in this Lease and all future reasonable rules of Owner or Owner's agent. Notice of all additional rules shall be delivered to You in writing or posted in the lobby or other public place in the Building. Owner shall not be responsible to You for not enforcing any rules, regulations or provisions of another tenant's lease except to the extent required by law. C. Your Responsibility. You are responsible for the behavior of yourself, of your immediate family, your staff 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, members of your family, servants or people visiting You have not obeyed government laws and orders or the agreements or rules in this Lease. D. Tenant's Responsibility for Separation of Recyclables and Trash. You agree at your sole cost and expense to comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse and trash into such categories as provided by law, and in accordance with the Rules and Regulations adopted by Owner for the sorting and separation of such designated recyclable materials. Owner reserves the right, where permitted by law, to refuse to collect or accept from you any waste products, garbage, refuse or trash which is not separated and sorted as required by law. Where permitted by law Owner reserves the right to require you to arrange for such collection at your sole cost and expense, utilizing a contractor satisfactory to Owner. Tenant shall pay all costs, expenses, fines, penalties, or damages which may be imposed on Owner or Tenant by reason of Tenant's failure to comply with the provisions of this Paragraph, and, at Tenant's sole cost and expense, Tenant shall indemnify, defend and hold Owner harmless (including legal fees and expenses) from and against any actions, claims, and suits arising from such Tenant non-compliance, utilizing counsel reasonably satisfactory to Owner, if Owner so elects. Tenant's failure to comply with this Paragraph shall constitute a violation of a substantial obligation of the tenancy, local statute, and Owner's rules and regulations. Tenant shall be liable to Owner for any costs, expenses, or disbursements, including attorney's fees, incurred by Owner in the commencement and/or prosecution of any action or proceedings by Owner against Tenant, predicated upon Tenant's breach of this Paragraph. E. Non-Interference. You will do nothing to interfere with or make more difficult Owner's efforts to provide You and all other occupants of the Building with the required facilities and services. Any condition caused by Your misconduct or the misconduct of anyone under Your direction or control shall not be a breach by Owner. F, Management must be notified immediately when any item(s) in your House needs repair. 9. OBJECTIONABLE CONDUCT Asa tenant in the Building, You will not engage in objectionable conduct. Objectionable conduct means anything which interferes with the right of others to properly and peacefully enjoy their Houses, or causes conditions that are dangerous, unsanitary and detrimental to other tenants in the Building. Objectionable conduct by You gives Owner the right to end this Lease. 10. SERVICES AND FACILITIES A. Required Services. Owner will provide the systems that supply heat and cold and hot water, to the House, and repairs to the House as required by law and elevator service if the Building has elevator equipment. You are not entitled to any rent reduction because of a stoppage or reduction of any of the above services. You must maintain the temperature in the House at a minimum of 55 degrees at all times so as to ensure there will be no damage to the mechanical systems and that the pipes will not freeze. B The following utilities are included in the rent: Water. Cc Utilities. Electricity, including but not limited to the charges for the operation of heating systems, air conditioning units and/or systems and the cost of operating the fan and compressor, electric for cooking purposes, are not included in the rent; therefore, You must arrange for and pay directly for this service. You must also pay directly for telephone service, internet service and cable television. Tenant acknowledges that the Owner has made no promise or representation of any kind or nature with respect to the operation of the air conditioning units or systems, including without limitation the manner of the functioning of the systems. D. Intentionally Omitted. E Appliances. ppliances supplied by Owner in the House are for Your use. They will be maintained and repaired or replaced Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 by Owner, but if repairs or replacements are made necessary because of Your negligence or misuse, You will pay Owner for the cost of such repair or replacement as additional rent. You may not replace the appliances without the Owner’s prior written permission. Any replacement appliance must be equivalent or better than those provided by Owner and shall, at Owner’s option remain in the House at the end of the lease term. F Laundry and Other Facilities. If Owner permits You to use any laundry or any other facility located in the Building but outside of the House (except as otherwise stated elsewhere in this Lease), the use of any of these facilities will be furnished to You at your own risk, except for loss suffered by You due to Owner's negligence. You will operate at Your expense any coin operated appliances located in any such of these facilities. Owner has no obligation to You to provide laundry or any other facility and Owner may discontinue such service at any time. G Smoke and/or Carbon Monoxide Detector. If Owner has or hereafter shall install one or more smoke and/or carbon monoxide detectors in Your House, it is understood that Owner shall not be responsible for any servicing or maintenance of the smoke detector, including, but not limited to, the replacement of batteries, if applicable, except as provided by applicable law or statute. If a detector has been installed in the House, You acknowledge that You have inspected it and that it is in good working order. You shall be liable to Owner for any damage resulting from Your failure to keep it in good working order. Owner shall not be liable for any damage caused by the failure of such detector to operate properly. H. Security Systems. (1) You acknowledge that the Owner makes no representation and assumes no responsibility whatsoever with respect to the functioning or operation of any of the human or mechanical security systems which the Owner does or may provide. You agree that the Owner shall not be responsible or liable for any bodily harm or property loss or damage of any kind or nature which You or any members of Your family, employees or guest may suffer or incur by reason of any claim that the Owner, his agents or employees or any mechanical or electronic system in the building has been negligent or has not functioned properly or that some other or additional security measure or system could have prevented the bodily harm or property loss or damage. I Terraces and Balconies and Roof Deck. (1) The House may have a terrace or balcony. The terms of this Lease apply to the terrace or balcony and the Building’s Roof Deck as if part of the House. The Owner may make special rules for the terrace, balcony and Roof Deck. Owner will notify You of such rules. (2) You must keep the terrace or balcony clean and free from snow, ice, leaves and garbage and keep all screens and drains in good repair. NO cooking with gas or charcoal grills is allowed on the terrace, balcony or Roof Deck. You may not keep or install a fence or make any changes or additions to the terrace or balcony. Installation of furniture and plants requires prior approval of Owner. If You do, Owner has the right but shall not be obligated to remove these items and store them at Your expense. (a) The terrace is used by You and Your guests at Your and their own risk; (b) All of Your property on the terrace is Your responsibility. You must secure the terrace railings so as not to allow guests and children to leave the terrace area; (c) You shall not place objects on the terrace or Roof Deck that would damage the deck or allow normal aging process to be hampered. If additional planters are placed on the terrace deck they must be placed on an object that allows air and drainage to flow underneath. All planters should be moved periodically to allow direct sunlight on the terrace; (d) You may not leave Your Personal Property on the Roof Deck OR USE THE ROOF AT ANY TIME FOR ANY PURPOSE. J Intentionally Omitted. K. For sanitary reasons tenants shall not provide food for wild birds (i.e., bread crumbs, bird seed, etc.) by the installation of bird feeders from the terrace and/or windows or window sills. L No Pets. Dogs or animals of any kind shall not be kept or harbored in the House, unless in each instance it be expressly permitted in writing by Owner. This consent, if given can be taken back by Owner at any time for good cause on reasonable given notice. Unless carried or on a leash, a dog shall not be permitted in any public portion of the building. BECAUSE OF THE HEALTH HAZARD AND POSSIBLE DISTURBANCE OF OTHER TENANTS WHICH ARISE FROM THE UNCONTROLLED PRESENCE OF ANIMALS, ESPECIALLY DOGS, IN THE BUILDING THE STRICT ADHERENCE TO THE PROVISIONS OF THIS RULE BY EACH TENANT IS A MATERIAL REQUIREMENT OF EACH LEASE. TENANTS! FAILURE TO OBEY THIS RULE SHALL BE CONSIDERED A SERIOUS VIOLATION OF AN IMPORTANT OBLIGATION BY TENANT UNDER THIS LEASE. OWNER MAY ELECT TO END THIS LEASE BASED UPON THIS VIOLATION. OWNER RESERVES THE RIGHT TO REVOKE HIS/HER CONSENT TO A RESIDENT(S)' PET AT ANY TIME. If Owner permits You to have a pet you will abide by the following rules: . ONLY ONE PET IS ALLOWED IN THE HOUSE. . DOG MUST BE 50 LBS OR LESS AT FULL MATURITY. Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 ° NO POTENTIALLY LARGE OR AGGRESSIVE BREEDS. AGGRESSIVE BREEDS INCLUDE, BUT ARE NOT LIMITED TO: ROTTWEILERS, PIT BULLS, DOBERMANS, GERMAN SHEPPARDS AND CHOW CHOWS; WHETHER PURE BREED OR MIXED BREED, ANY OF THE AFOREMENTIONED WILL NOT BE PERMITTED. OWNER MUST APPROVE ALL PETS PRIOR TO PET MOVE IN. PRIOR TO PET MOVE IN YOU MUST SUPPLY OWNER WITH AN UPDATED VET RECORD FOR WEIGHT PURPOSES. PRIOR TO MOVE IN YOU MUST SUPPLY TWO UPDATED PHOTOS OF PET (ONE FRONT VIEW AND ONE SIDE VIEW). WHEN WALKING YOUR PET IT MUST BE LEASHED. UNLESS CARRIED OR ON A LEASH, A DOG SHALL NOT BE PERMITTED ON ANY PASSENGER ELEVATOR OR IN ANY PUBLIC PORTION OF THE BUILDING. DOGS ARE NOT PERMITTED ON ANY GRASS OR GARDEN PLOT UNDER ANY CONDITION. YOU MUST BE SURE TO PICK UP YOUR PET’S WASTE. YOUR PET CANNOT AT ANY TIME DISTURB THE RIGHTS COMFORT & CONVENIENCE OF THE OWNER, THE BUILDING & ITS RESIDENTS. OWNER RESERVES THE RIGHT TO RESCIND PERMISSION TO HAVE A PET IF YOUR PET CAUSES ANY TYPE OF DISTURBANCE AT ANY TIME. YOU SHALL PROVIDE ADEQUATE AND REGULAR VETERINARY CARE OF PET, AMPLE FOOD AND WATER, AND SHALL NOT LEAVE PET UNATTENDED IN THE HOUSE FOR ANY UNDUE LENGTH OF TIME. TENANT SHALL PROPERLY DISPOSE OF CAT BOX FILLER AND LITTER FROM BIRDS AND RODENTS. Your failure to comply with the rules contained herein will result in fines and penalti Because of the health hazard and possible disturbance of other residents which arise from the uncontrolled presence of animals, especially dogs, in the building the strict adherence to these rules by You is a material requirement of the Lease. Your failure to obey the rules shall be a serious violation of a material obligation by You under this Lease. Owner may elect to end this Lease based on this violation. Owner reserves the right to revoke his/her consent to You having a pet at any time. M. No public hall of the Building shall be decorated or furnished by any tenant in any manner. No article shall be placed in the halls or on the staircase landings or fire towers, nor shall anything be hung or shaken from doors, windows, terraces or balconies nor shall anything be placed upon the window sills or facade of the Building. N. In the event that the Owner commences summary proceedings for non-payment of rent, or any other legal action as a result of a default of this Lease and the provisions of this Lease, Owner may immediately discontinue Your access to non-essential services. Non-essential services include use of a community room and a health club facilities and a roof or sundeck if applicable. il. INABILITY TO PROVIDE SERVICES Because of a strike, labor trouble, national emergency, repairs, or any other cause beyond Owner's reasonable control, Owner may not be able to provide or may be delayed in providing any services or in making any repairs to the Building in any of these events. Owner will not be liable to You for any damages You sustain as a result of Owner’s inability to provide services, nor will You be entitled to a reduction in rent or any other compensation. Owner is not required to provide any service besides those specifically written in this Lease. Owner may provide or discontinue services and You will not be entitled to a reduction in rent. 12. ENTRY TO HOUSE During reasonable hours and with reasonable notice, except in emergencies, in which case no notice is required, Tenant authorizes Owner to enter the House, for the following reasons: A To erect, use and maintain pipes and conduits in and through the walls and ceilings of the House; to inspect the House and to make any necessary repairs or changes Owner decides are desirable or necessary. Your rent will not be reduced because of any of this work, unless required by Law. B To show the House to persons who may wish to become owners or lessees of the entire Building, or to purchase the House, or who may be interested in lending money to Owner. Cc For four (4) months before the end of the Lease, to show the House to persons who wish to rent it. If You refuse permission to show the House within the final month of this Lease, the Owner may charge you a fee equal to one months’ rent, which shall be collectible with the next payment of Rent, or in the Owner's discretion as a reduction from the Security Deposit. D. Intentionally Omitted. E. If during the last month of the Lease You have moved out and removed all or almost all of Your property from the House, 6 Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 Owner may enter to make changes, repairs, or redecorations. Your rent will not be reduced for that month and this Lease will not be ended by Owner's entry. F. If at any time You are not personally present to permit Owner or Owner's representative to enter the House and entry is necessary or allowed by law or under this Lease, Owner or Owner's representatives may nevertheless enter the House. Owner may enter by force in an emergency. Owner will not be responsible to You, unless during this entry, Owner or Owner's representative is negligent or misuses Your property. G If Owner enters the House, Owner will try not to disturb You. Owner may keep all equipment necessary to make repairs or alterations to the House in the House. Owner is not responsible for disturbance or damage to You because of performing work or keeping the equipment in the House. Owner's use of the House does not give You a claim of eviction. Owner may enter the House to get to any part of the House Building. H. You shall supply Owner with all keys necessary to gain access to the House. You may not change the lock and/or add any lock to the entrance door of the House without the prior written consent of Owner. You will immediately give Owner a duplicate key or keys if changes or additions are made to any lock. At the termination of this Lease You must return to Owner all keys either furnished or otherwise obtained for the entrance door lock. If you lose or fail to return any keys which were furnished to You by Owner, You shall pay Owner the cost of replacing such keys and such costs may be deducted by Owner from the security deposit held by Owner. 13. ASSIGNMENT AND SUBLETTING A. You cannot assign this Lease or sublet the House without Owner's advance written consent in each instance to a request made by You in the manner required by Real Property Law § 226-b. Owner may refuse to consent to a lease assignment for any reason or no reason, but if Owner unreasonably refuses to consent to a request for a Lease assignment properly made, than at your request in writing, Owner will end this Lease effective as of thirty days after your request to terminate this Lease. The first and every other time you wish to sublet the House, You must get the written consent of Owner. Owner may not unreasonably withhold consent to sublet following Your request to sublet in the manner provided by Real Property Law § 226-b and provided the House remains Your primary residence and You intend to return to the House after the sublease ends. Owner may impose a reasonable credit check fee on You in connection with an application to assign or sublet, which shall not exceed the amount permitted by applicable law and shall be subject to a $250 review and processing fee. If You fail to pay your rent Owner may collect rent from subtenant or occupant without releasing You from the Lease. Owner will credit the amount collected against the rent due from You. However, Owner's acceptance of such rent does not change the status of the subtenant or occupant to that of direct tenant of Owner and does not release You from this Lease. B In the event of an unauthorized assignment or sublease, the Owner shall be entitled to collect the rent from the occupant in the same manner as You the Tenant. Such acceptance shall not be deemed a consent to the assignment or sublease. Cc. You shall remain liable under this Lease after a sublease or assignment, unless released in writing by the Owner. D. The State and City of New York have enacted legislation specifically recognizing the dangers inherent in allowing Houses meant for permanent residential purposes to be used on a short term transient basis. Section 27-2004(8) (a) of the New York City Administrative Code provides that a class A multiple dwelling shall only be occupied for permanent residence purposes which means occupancy by the tenant or tenant’s family for no less than thirty (30) consecutive days. Tenant acknowledges and agrees that it is a substantial non-curable violation of this Lease, to sublease or license in any way the House for less than a period of thirty (30) days and Tenant covenants and agrees that Tenant shall not rent, sublease or license in any way the House for less than a period of thirty (30) days. Tenant further covenants and agrees not to advertise the House as being available for rent, sublease or license for a period less than thirty (30) days whether said advertisement be on the internet, in printed publications or in any other form of mass media. Tenant acknowledges and agrees that it is a substantial non-curable violation of this Lease to advertise the House as being available for rent, sublease or license for a period less than thirty (30) days whether said advertisement be on the internet, in printed publications or in any other form of mass media. Nothing contained herein shall be deemed permission for Tenant to sublease the House for thirty (30) days or more without obtaining Owner’s prior written consent as required by the Lease and/or Sec. 226-b of the Real Property Law. A breach of these covenants by the Tenant shall be grounds for immediate termination of the Lease by the Owner and Owner may serve a written ten (10) days’ notice of cancellation of this Lease upon Tenant and, upon the expiration of said ten (10) days, this Lease and the Term shall end and expire as fully and completely as if the expiration of such ten (10) day period were the day herein definitely fixed for the end and expiration of this Lease and Tenant shall then quit and surrender the House to Owner, but Tenant shall remain liable as elsewhere provided in this Lease. Owner may commence a summary proceeding to evict the Tenant from the House upon the expiration of said ten (10) day period. Owner may also enforce these covenants and prohibitions in a court of competent jurisdiction by a decree of specific performance and by appropriate injunctive relief, all in accordance with applicable law. TENANT AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL LOSS OR DAMAGE WHICH OWNER MAY INCUR AS A RESULT OF THE BREACH BY TENANT OF ANY OF THE FOREGOING, INCLUDING, WITHQUT LIMITATION, ANY WITHHOLDING OF RENT BY TENANTS OF THE BUILDING, ANY AND ALL Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 FINES OR PENALTIES IMPOSED ON OWNER BY ANY GOVERNMENTAL AGENCY AND ALL ATTORNEYS’ FEES AND DISBURSEMENTS INCURRED BY OWNER IN CONNECTION WITH ANY LITIGATION OR NEGOTIATIONS WITH TENANT OR ANY OTHER TENANTS OF THE BUILDING, OR WITH ANY GOVERNMENTAL AGENCY, WITH RESPECT TO TENANT’S VIOLATION OF THE RESTRICTIONS AGAINST SHORT TERM RENTALS OR ADVERTISING THE HOUSE FOR A SHORT TERM RENTAL. TENANT ACKNOWLEDGES BEING INFORMED THAT CURRENTLY THE PENALTY FOR ADVERTISING SHORT TERM RENTALS OR FOR RENTING AN HOUSE AS A SHORT TERM RENTAL AS DEFINED HEREIN CAN BE AS HIGH AS $7,500.00 PER VIOLATION AND TENANT SHALL BE RESPONSIBLE TO PAY THE FULL AMOUNT OF THE PENALTY. TENANT FURTHER AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSS OR DAMAGE RESULTING FROM OWNER, ITS AGENTS OR EMPLOYEES, GRANTING ACCESS TO THE BUILDING TO ANYONE RENTING THE HOUSE FROM TENANT ON A SHORT TERM BASIS OR OTHERWISE. 14, DEFAULT You default under this Lease if You act in any of the following ways: (1) (a) You fail to carry out any agreement or provisions of this Lease; (b) You or another occupant of the House behaves in any objectionable manner; (c) You do not take possession or move into the House fifteen (15) days after the beginning of this Lease; (d) You and other legal occupants of the House move out before this Lease ends. If You 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 cure the specified default within 10 days. If you fail to cure the default in the time stated, Owner may terminate the Lease by giving Tenant a termination notice. The termination notice will state the date on which the Lease will end. The termination date will be no less than Seven (7) days after the date of the notice, and the Lease shall end on such date, and Tenant shall vacate the House on or before such date. (2) If You do not pay Your rent within five (5) days of when this Lease requires, the Owner thereafter will send You a written notice by certified mail notifying You that the rent has not been paid. If You still do not pay Your rent within fourteen (14) days after written demand for rent has been made, Owner may commence a summary non-payment of rent proceeding seeking Your eviction from the House. (3) If Your application for the House contains any misrepresentation or false statement, or if you engage in objectionable conduct this will be a non-curable default, and Owner may terminate this Lease on three (3) days notice. At the end of the three-day period, this Lease will end. You must then move out of the House. (4) If(1) You assign property for the benefit of creditors, or (2) You file a voluntary petition or an involuntary petition is filed against You under any bankruptcy or insolvency law, or (3) a trustee or receiver of You or Your property is appointed, Owner may give You 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. You must continue to pay rent, damages, losses and expenses without offset. (5) It is expressly agreed and understood that if You, any member of Your family, Your employees, guests or invitees, who conduct any illegal trade, or manufacture, or other illegal business on the premises, in the House, common area or grounds surrounding the Building, shall be subject to immediate eviction from the House. The Owner need only provide clear and convincing proof of the activity in order to enforce this section of the Lease. (6) Even though this Lease ends, You will remain liable to Owner as provided in applicable law, for unpaid rent until the House is re-rented, and for damages caused to Owner as stated in the section of this Lease entitled "REMEDIES OF OWNER AND. YOUR LIABILITY". Once this Lease has ended, whether because of default or otherwise, You lose any right You might otherwise have to reinstate or renew the Lease, 15, REMEDIES OF OWNER AND YOUR LIABILITY If this Lease is ended by Owner because of Your default, the following are the rights and obligations of You and Owner. (a) You must pay rent until this Lease has ended. Thereafter, You must pay, as a “hold over”, an amount equal to 200% of the rent provided for, in this Lease on the day the Lease has ended, for what the law calls "use and occupancy" until You actually vacate; Initials: D: OUN PK DM INDEX NO. 511293/2024 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2024 (b) Once You vacate, Owner will attempt to re-rent the House for a period of time which may end before or after the ending date of this Lease, Owner may re-rent to a new tenant at a lesser rent or at a higher rent than the rent in this Lease or for the same rent as the rent in this Lease. If the Owner rents the House at a fair market value or for the same rent as the rent in this Lease, Your liability to pay rent to the Owner shall terminate; @ Owner may, at Your expense, do any work Owner reasonably feels needed to put the House in good repair and prepare it for renting. Owner's expenses include the costs of getting possession and re-renting the House, including, but not only reasonable legal fees, brokers fees, cleaning and repairing costs, decorating costs and advertising costs. (ii) Any rent received by Owner for the re-renting shall be used first to pay Owner's expenses and second to pay any amounts You owe under this Lease. (iii) From time to time Owner may bring actions for damages. Delay or failure to bring an action shall not be a waiver of Owner's rights. You are not entitled to any excess of rents collected over the rent paid by You to Owner under this Lease. (c) Whether the House is re-rented or not, You must pay to Owner as damages, Owner's expenses for attorney's fees, advertisements, broker's fees and the cost of putting the House in good condition for re-rental. (d) You shall pay all damages due in monthly installments on the rent day established in this Lease. Any legal action brought to collect one or more monthly installments of damages shall not prejudice in any way Owner's right to collect the damages for a later month by a similar action. (e) If (1) the Lease is canceled; or (2) rent is not paid on time; or (3) Tenant vacates the House, Owner may, in addition to other remedies, take any of the following steps: (a) peacefully enter the House and remove Tenant and any person or property, and (b) use eviction or other lawful method to take back the House, as permitted by applicable law. (f) If Owner takes possession of the House by court order, or under the Lease Tenant has no right to return to the House. (g) If You move out of the House (ab