Chairwoman
Charles A. Jeseo
Vice Chairman
Harry J. Cushing
Jeff Czarnecki
John O’Brien
Roberta Gilson
Regina Warner / Watervliet Housing Authority
Administration Office
2400 Second Avenue
Watervliet, New York 12189
Phone: 518-273-4717
Fax: 518-273-4730
E-mail: / Charles V. Patricelli
Executive Director
Tracey Roberts, C.P.A.
Fee Accountant
Van Rensselaer Village
DWELLING LEASE
1. Identification of Premises & Parties: The WATERVLIET HOUSING AUTHORITY (herein after called Management, does hereby lease the premises known as Early Drive, Apartment to (herein after known as "Tenant") for use solely as a residence by the Tenant and the following members of his/her household:
2. Lease Term: The Term of this Lease shall have a twelve-month term and automatically renew for the same period. Except for automatic renewal of a lease, the lease must be executed by the tenant and the WHA each year upon re-examination. The lease may be modified at any time by written agreement of the tenant and the WHA.
Forty-five days prior to the end of the term of this lease, the Landlord shall offer the Tenant a new lease. The Tenant may choose a one or two year lease term. In the event that the landlord fails to offer the Tenant a new lease, Tenant shall be entitle to stay in the unit under the same terms and conditions as are set forth in this lease until the landlord has fulfilled its obligation to give the Tenant, forty five days notice of Tenant's opportunity to sign a new lease
3. Amount of Rent: ELIGIBILITY FOR BELOW MARKET RENT
The Landlord is obligated by the NYS Division of Housing and Community Renewal to maintain the project for occupancy by Persons of Low Income. The construction of the apartment was subsidized by the State of New York through the NYS Division of Housing and Community Renewal. The rent paid by an eligible Tenant will be lower than the Tenant would have had to pay if the subsidy had not been provided. Tenant agrees to provide correct information and any required documentation to the Landlord regarding Tenant's household income, household composition and any other items necessary for Landlord to determine Tenants eligibility to reside in the premises at a below market rental rate pursuant to the requirements of HOME Program.
Determination of eligibility will be made prior to initial occupancy and thereafter, yearly on the anniversary date of occupancy. Tenant agrees to provide any appropriate verification of the required information as requested by the Landlord.
4. Penalties for Late Rental Payment: A penalty in the amount of $10.00 shall be assessed by the Management upon a Tenant' whose rent is not received in the Management Office prior to the close of business on the 5th working day of the month.
5. Utilities and Equipment Included: Rent paid by the Tenant shall NOT include gas and electric. The Dwelling Unit shall contain a refrigerator and a range.
6. Charges for Maintenance & Repairs: Tenant agrees to pay reasonable charges (other than normal wear and tear) for repair of any damages or breakage unless proven otherwise and up to the discretion of the Executive Director. Management agrees to have posted, conspicuously and in a public area of the Administration Office, a schedule of such charges for extraordinary maintenance and repairs, which are subject to revision. When such schedule is revised, the Management shall, post the new charges.
7. FAILURE TO GIVE POSSESSION
If Landlord is unable to give possession of the apartment on the date of the commencement of term, because the occupant refuses to give up possession, or because construction has not been sufficiently completed to make it ready for occupancy or because a certificate of occupancy has not been procured or for any other cause beyond the Landlord’s reasonable control, Landlord shall not be subject to any liability for failure to give possession on said date. The validity of this Agreement shall not be impaired by reason of Landlords failure to give possession, nor shall the same extend the term of this Agreement, but the rent payable hereunder shall be suspended (provided Tenant is not responsible for the inability to obtain possession) until after Landlord shall have given Tenant written notice that the apartment is substantially ready for Tenant’s occupancy. After the lapse of a reasonable period to give the Landlord adequate opportunity to give possession, Tenant may notify Landlord in writing that in Tenants opinion a reasonable period will have elapsed as of the date set forth in Tenants notification, which will not be less than thirty (30) days from the date of giving such notice, and this Agreement shall terminate as of the date set forth in Tenant's written notice without other or further liability as between Landlord and Tenant unless Landlord shall give possession prior to such termination. The parties agree to submit any dispute arising out of the interpretation of this provision to the Commissioner or his designee.
8. Payment of Charges: The charges assessed under Paragraph 6 shall become due and collectible two weeks after receipt by Tenant of written notice of charges by Watervliet Housing Authority. Charges become rent on the first of the second month succeeding the month in which they are incurred.
9. Security Deposit: A security deposit in the amount of $ shall be paid to the Authority upon execution of the rent agreement.
At the termination of this lease the security deposit will be used toward the cost of repairing any intentional or negligent damages to the dwelling unit caused by the tenant, his family, his dependents, or guests, and any rent or other charges owed by the tenant.
Any damage caused by or related to cigarette, pipe or cigar smoking, or any tobacco product shall not constitute ordinary wear and tear. Owner may deduct from Resident’s security deposit for all damages and/or cost for the cleaning and repairing of any damage caused by or related to any tobacco product, including, but not limited to: deodorizing the apartment, sealing and painting the walls and ceiling, and repairing or replacing the tiles, carpet and/or pads.
The Authority agrees to deposit such security deposit in an interest bearing account, crediting such interest as may accrue to tenants' security deposit, with any interest earned returned annually to the tenant. The Authority agrees to return the security deposit, to the tenant when he vacates, less any deductions for any of the costs indicated above within 30 days of vacating the unit. Management will give tenant a written statement of any such costs for damages and/or other charges to be deducted from the security deposit. The security deposit may not be used to pay rent or other charges while the tenant occupies the dwelling unit.
10. Regular Rental Redetermination: Once each year as requested by Management, the Tenant agrees to furnish accurate information as to current family income, employment, and compensation for use by management in determining whether the rental should be changed and whether the Dwelling Unit size is still appropriate for Tenant's needs, for housing.
Income reviews will be held every third year for Residents choosing the flat rent option. Residents who have chosen this option will be notified at the appropriate time for their recertification.
Failure to furnish accurate information as to current family income, employment, and composition when requested by WHA at scheduled appointment will result in Eviction Procedures.
In such cases, the amount of income to be attributed to the family shall include what the family would have received had they complied with the welfare requirements or had not committed an act of fraud.
16. NO REPRESENTATIONS BY LANDLORD:
Tenant admits that neither Landlord nor Landlord’s agents have made any representations or promises concerning the physical condition of the building, the land upon which it is erected, or the apartment, or any other matter or thing concerning the apartment, except as mentioned in this Agreement, or in Landlord’s floor plans, if such plans were shown to Tenant.
17. SPACE RENTED "AS IS'
Tenant has inspected the apartment, has full knowledge of its condition, and agrees to take the apartment in its present condition. The taking of occupancy of the apartment by Tenant shall be conclusive and final evidence that the apartment was in good and satisfactory condition at the time such occupancy was taken by Tenant, except as to any hidden defects. A copy of the Unit Inspection Report is Attachment 2 to this Agreement.
18. ORAL AGREEMENT
This Agreement contains the entire agreement between the parties and any change or termination shall not be effective unless it is in writing and signed by both Landlord and Tenant.
19. SUBORDINATION CERTIFICATE
This agreement is and shall be subject and subordinate to all ground and underlying leases and to all mortgages which may now or hereafter affect such leases or the real property of which the apartment forms a part and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and in further instrument of subordination shall be required by any mortgagee. Tenant shall execute promptly any certificates that Landlord may request in confirmation of such subordination.
24. PUBLIC TAKING:
If the whole or any part of the apartment be taken or condemned for any public or quasi/public use or purpose, then and in that event, the term of this Agreement shall cease, and terminate, from the date when the possession of the part so taken shall be required for such use or purpose and without apportionment of the award. If a substantial part of the building shall be so taken or condemned as to make it uneconomical for Landlord, as determined in Landlord's sole option and upon notice to Tenant from Landlord, the term of this Agreement shall cease and terminate on the date when possession of the pan so taken shall be required for such use or purpose and without apportionment of the award. The current rental, however, shall in any such case be apportioned.
. ELDERLY AND DISABLED PERSONS, SPECIAL PROVISIONS
Tenants 60 years of age and older or tenants subject to a disability as defined in the New York State Executive law, Article 15, Section 292, who have an executed lease agreement at the time that the property is sold. or any applicable governmental regulatory agreement or loan is terminated or repaid, shall be permitted to continue occupancy at a rate where total housing costs do not exceed 30 percent of their income, unless such tenants are evicted for good cause in accordance with all applicable state laws.
13. Occupancy Conditions and Transfers: Guests staying overnight for more than 36 hours per week must provide written notification to the Authority and receive express written consent.
Except for additions to the residents family resulting from births, to obtain the Authorities consent in writing before allowing any person, other than a member of the residents family listed on the residents Lease, to take up residence in the residents apartment. All additional persons must make a normal application for admission and be certified eligible prior to any consideration of the Authority to provide written consent for their addition to the Lease. The failure to obtain such consent will result in the immediate termination of the Lease and/or refusal for Lease renewal. Unauthorized persons using or giving a Watervliet Housing Authority address without prior approval of the Authority may have their formal applications denied and also result in a termination of lease of the unit in question. If the Authority determines that the size of the dwelling unit is no longer appropriate to the Tenants' needs, the management may amend this lease by written notice to the tenant that the tenant will be required to move to another unit of the Authority which is of correct occupancy standards.
The Tenant shall comply with such requirements at Watervliet Housing Authority's expense unless the move is indicated upon Tenant's request of move due to convenient care; the costs of said move shall be borne by Tenant.
25. NO WAIVER OF LEASE TERMS:
No act or thing done by Landlord or Landlord's agent during the term of this agreement shall be deemed an acceptance of a surrender of the apartment, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. No employee of Landlord or Landlord's agent shall have any power to accept the keys to the apartment prior to the termination of this Agreement. The delivery of keys to any employee of Landlord or to Landlord's agents shall not operate as a termination of this Agreement or a surrender of the apartment. The failure of Landlord to seek redress of violation of, or to insist upon the strict performance of any condition of this Lease, or any of the Rules and Regulations set forth or hereafter adopted by Landlord, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of this Agreement shall not be deemed a waiver of such breach. No provision of this Agreement shall be deemed to have been waived by Landlord, unless such waiver is in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction and Landlord may accept such check or payment without prejudice to Landlords right to recover the balance of such rent or pursue any other remedy provided in this Agreement.