§ 21-24 Conditions of Residential Tenancy.
RCNY § 21-24
(a)Conditions of Residential Tenancy. All Tenants of a building in DAMP shall be subject to the terms of the Conditions of Tenancy contained in these Rules and contained in any City-approved leases they have been issued. Where a City-approved lease has been issued, the terms of such lease shall govern, to the extent that they differ from these Rules. Where no City-approved lease has been issued, the terms of this section shall govern.
(b)Rent and Term.
(1)The DAMP Lessee shall lease an apartment to a Tenant for the lease term. The Tenant shall pay the rent for each month in advance on the first day of that month during the term of such rental at the DAMP Lessee's office or at such other place or address as the DAMP Lessee shall designate.
(2)HPD shall have the right to implement rent restructuring plans pursuant to the applicable rules for the respective DAMP Program. If the Tenant refuses to pay the increased rent, the DAMP Lessee shall have the right to terminate the tenancy.
(c)Occupancy. The apartment leased to the Tenant shall be occupied for residential purposes only, subject only to applicable laws, the lease and these Rules. The Tenant, the members of the Tenant's immediate family, and any other person permitted by law, may reside in the Tenant's apartment.
(d)Maintenance and Repair by Tenant. The Tenant shall take good care of his/her apartment and fixtures in the apartment and keep it clean, safe and orderly. The Tenant shall be responsible, at the Tenant's expense, for all repairs and replacement whenever the need results from any act or neglect of the Tenant or Guest.
(e)Improvements. The Tenant and the Guest shall make neither improvements nor alterations without the DAMP Lessee's prior written consent. Any and all such improvements or alterations shall, upon installation, become the property of the DAMP Lessee at the option of the DAMP Lessee, if approved by HPD. Improvements or alterations of any kind or nature built or placed within the apartment by the Tenant or Guest during the Lease Term shall be removed by the Tenant before the termination of the lease term at the option of the DAMP Lessee. If the Tenant fails to remove such improvements or alterations from his or her apartment at the direction of the DAMP Lessee or fails to repair any damages or defacement to the apartment caused by such removal or construction by the end of the lease term, the Tenant shall be and remain liable to the DAMP Lessee for all costs incurred by the DAMP Lessee in removing same from the apartment and all costs incurred by the DAMP Lessee to repair any damage or defacement to the apartment as a result thereof after the Tenant's lease term has expired.
(f)Services. The DAMP Lessee shall supply heat as required by law, and hot and cold water. The Tenant shall pay for all electricity, gas, telephone and other utility services used in his or her apartment and arrange for services with the public utility and telephone company (except for utility services that are master-metered in buildings that are master-metered). The Tenant shall obtain and pay for any meters, permits or approvals needed to comply with this provision (other than master meters), as may be required by law.
(g)Liability. The DAMP Lessee shall not be responsible to the Tenant or the Guest for any loss of property or injury to the Tenant or any other person resulting from theft or any crime in the apartment or elsewhere in the building or for loss or damage to persons or property sustained by smoke, fire or water coming on or being within said apartment or building. The DAMP Lessee shall only be liable for loss, expense or damage to any person or property due to the DAMP Lessee's negligence. The Tenant shall reimburse the DAMP Lessee for any expenses incurred or loss suffered by the DAMP Lessee, as a result of the action or inaction of the Tenant or Guest.
(h)Entry to Apartment.
(i)Assignment and Sublease. The Tenant may not assign the Tenant's tenancy rights, or the Tenant's lease, or sublet the Tenant's apartment or grant any license as to the whole or any part, without first obtaining the written permission of the DAMP Lessee. If the Tenant shall assign such tenancy rights or such lease or sublet the Tenant's apartment or any part thereof, without the written consent of the DAMP Lessee, the Tenant's tenancy may be terminated. Any permitted assignment of tenancy rights or of the Tenant's lease or sublet of the apartment shall not relieve or release Tenant from any obligations under these Conditions of Tenancy. Any subtenant or assignee shall be bound by and be subject to all the terms of these Conditions of Tenancy. In the event that the Tenant's tenancy rights or lease is terminated for any reason, it shall be the duty of the Tenant to remove any subtenants. The DAMP Lessee may collect rent from the assignee, subtenant or occupant if the Tenant fails to pay the rent. The DAMP Lessee shall credit the amount collected against the rent owed by the Tenant. However, the DAMP Lessee's acceptance of such rent does not change the status of the assignee, subtenant or occupant to that of a direct Tenant of the DAMP Lessee.
(j)Notices. Any bill, statement or notice must be in writing. If to the Tenant, it must be delivered or mailed to the Tenant at the Tenant's apartment or such other address as the Tenant designates. If to the DAMP Lessee, it must be mailed to the DAMP Lessee's address.
(k)End of Term. At the end of the tenancy, the Tenant shall remove all of the Tenant's and the Guest's personal property and leave the Tenant's apartment broom clean and in good condition, subject to ordinary wear and tear. All property and additions which remain after the Tenant leaves the apartment may either be retained by the DAMP Lessee as the DAMP Lessee's property, or be removed by the DAMP Lessee at the Tenant's expense.
(l)Liens and Encumbrances. The Tenant shall not mortgage or place or cause to be placed, any liens or encumbrances upon or affecting the fee title or any interest in the apartment or building.
(m)Termination. Tenant's lease shall terminate immediately in the event that a vacate order is issued by any governmental agency certifying that the building or any part thereof is in a condition which endangers the life, health or safety of the Tenant or other occupants. In the event that the vacate order is rescinded as a result of repairs made to the building or part thereof, while the building is under the jurisdiction of DAMP, the Tenant's tenancy shall be reinstated.
(n)Attorneys' Fees. Neither the DAMP Lessee nor the Tenant, in any action or summary proceeding, may recover, against the other, attorneys' fees or other costs for legal action.
(o)Application of Arrears. If the Tenant pays to the DAMP Lessee less than the full monthly rent, any subsequent payments shall first be applied to arrears. The DAMP Lessee's acceptance of partial or full payment of rent or failure to insist in any one or more cases upon the strict performance of any of the Tenant's obligations shall not be construed as a waiver or relinquishment for the future of such obligation, right or remedy.
(p)Rules. The Tenant shall observe and comply with such rules as the DAMP Lessee, with HPD's prior approval, may determine are needed for the safety, care and cleanliness of the Tenant's apartment and building and the comfort, quiet and convenience of other occupants of the building.
