39 Fifth Avenue Owners Corp. 39 Fifth Avenue, New York, NY 10003
Procedure for the Sublease of Apartments
The Board of Directors of 39 Fifth Avenue Owners Corp. has established policies and procedures for the consideration and approval of the sublet of apartments in this Cooperative.
Your completed package should be sent to: John B. Lovett & Associates, Ltd. c/o Yajaira V. Crespo 109-15 14th Avenue College Point, New York 11356
Contact Information for Yajaira: Direct: 718-559-0246 & Email: [email protected]
***There is no smoking allowed in the building***
Applicant must submit: ONE (1) ORIGINAL AND One (1) collated sets of “Sublease Application Package” (TOTAL OF 2 SETS).
THE FOLLOWING FEES ARE PAYABLE UPON SUBMISSION OF THE SUBLEASE APPLICATION, ONLY CERTIFIED CHECKS, BANK CHECKS OR MONEY ORDERS WILL BE ACCEPTED:
o A non-refundable Processing Fee in the amount of $350. Please make check payable to The Lovett Company, LLC.
o A non-refundable Credit Report Fee, in the amount of $75 per applicant. Please make check payable to The Lovett Company, LLC.
o A non-refundable Criminal and DMV Background Fee in the amount of $200 per applicant/occupant. Please make the check payable to The Lovett Company, LLC. (Please note that everyone over the age of 18 must complete the authorization form).
o A refundable Move-in Deposit from the applicant in the amount of $500 must be submitted with the application. Please make check payable to 39 Fifth Avenue Owners Corp.
o A refundable Move-out Deposit from the Shareholder in the amount of $500 must be submitted with the application. Please make check payable to 39 Fifth Avenue Owners Corp.
***All leases are to be for a one year term only. There will be an option given to renew the sublet at the Board’s sole discretion. Please note that an apartment can only be subletted for two years during a six year period.
Once the package has been reviewed and appropriate action taken by the managing agent, it will be submitted to the Board of Directors for review and an interview will be scheduled. 40 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC
PLEASE NOTE THE FOLLOWING:
Any maintenance arrears must be brought current before an application will be processed and approved.
Pet Friendly building.
There is a monthly sublet charge of 10% of the monthly maintenance that will be billed to the shareholder’s account on a monthly basis.
Please do not staple or make double sided copies. Use binder clips for all submissions.
The board does not have a set interview date, they meet as needed monthly to interview.
Please note that all applicants and occupants age 18 and over must complete the criminal authorization form and provide two reference letters. If employed, an employment letter is required. If enrolled in school, a letter from the school confirming the enrollment status is required.
All applicants/occupants ages 18 and over, must sign the building acknowledgement forms.
All applicants/occupants ages 18 and over, must be present to be interviewed by the Board.
Full paged bank statements for all accounts listed on the financial condition statement are required.
Please note that if a submission is made before the tax filing deadline, the most recent W2 issued will be required in addition to the completed tax returns requested within the application.
For applicants who own real estate, please provide a letter from the Management Office for all properties. In addition, the Real Estate/School Tax invoices are required for all properties. If you are receiving rental income, a copy of an executed lease agreement is required.
If the apartment is owned by an Estate, subletting is not allowed.
Please note that all applications are date stamped upon receipt and processed within 3-4 weeks in the order in which they are received. o There is an option to have the application processed in our office within 48 hours and forwarded to the board. The expedite fee is not a mandatory fee, however, should you wish to use this service, the fee is $250 payable to The Lovett Company. Please note that the expedite fee is only to have the application processed by our office within 48 hours of receipt. It does not expedite the board’s review, nor does it guarantee that the application will be approved. ***
If approved, you are only allowed to sublet for a one-year term. When the sublease renewal is due and approved by the Board of Directors, the shareholder will be notified in writing by management. At the time the renewal is submitted, there is also a $150 sublease renewal fee due and payable to The Lovett Company, LLC.
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EXPEDITE AUTHORIZATION FORM
Please note that all applications are date stamped upon receipt and processed within 3-4 weeks in the order in which they are received.
There is an option to have the application processed in our office within 72 (business) hours and forwarded to the board.
The expedite fee is not a mandatory fee, however, should you wish to use this service, the fee is $250 payable to The Lovett Company (certified check or money order only).
Please note that the expedite fee is only to have the application processed by our office within 72 (business) hours of receipt.
It does not expedite the board’s review, nor does it guarantee that the application will be approved.
The memo must be completed and sent with the submission if this option is selected.
Authorization to Expedite Application
I am aware, as is stated in the Resale and Sublease application agreement; it takes approximately 3 to 4 weeks for the Managing Agent to process, once the application is accepted as complete.
However, I am under a time constraint and I am requesting the Managing Agent expedite the processing of my application. I am aware the expediting of my application only provides the application will be processed by the Managing Agent within 72 hours of receipt of receiving my completed application, and forwarded to the Board of Directors for consideration.
42 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC I am aware that the expedite fee does not expedite the Board of Directors review of my application, nor does it guarantee approval by the Board of Directors.
Applicants Name ______
Applicants Signature ______
Building ______
Apartment ______
Date ______
43 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC TTLLCC The Lovett Company, LLC REAL ESTATE MANAGEMENT
IMPORTANT INFORMATION REGARDING YOUR SOCIAL SECURITY NUMBER
PROTECTING YOUR PRIVACY
In order to protect your privacy please remove / blackout your social security number from each financial institution document inserted into the application. Financial condition (net worth) Tax returns Personal loans Bank statements o IRA o CD’s o Savings
The Credit Agency Authorization Form in the application is the only form that requires your Social Security number. ONLY send one (1) Credit Agency Authorization Form to our office with your original application - do not make or send additional copies of the Credit Agency Authorization Form. The Credit Agency Authorization Form containing your Social Security number will be shredded in our office as soon as we submit the information to the Credit Agency and obtain your credit report.
If you have any questions, please contact the Management Office.
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IMPORTANT NOTES
Due to the large volume of calls and applications received by this office, we kindly ask that you refrain from calling for an update, during the three (3) week processing period. When an update is ready, we will contact your point person, which we recommend should be your Real Estate Broker, or in the absence of a Broker your Attorney. Please advise all parties involved and provide them with the brokers and/or attorney’s contact information.
In an effort of fairness, we must process applications on a first come first serve basis.
If you are concerned about the receipt of the package, please use a method of return receipt via USPS, Fed Ex, messenger service or hand delivery, etc.
If there is a problem with the application submitted, you will be notified accordingly.
Please be advised that submission of an incomplete package may extend the three week processing period.
After the application is processed and submitted to the Board you will be advised, via telephone, or e-mail, on the next step of the process.
Please provide e-mail addresses below and advise us who is the point person (main contact). Please be advised that all parties will not be called/e-mailed, only the main contact. ______
Brokers: Please make sure you have the most current application. Submission of outdated packages will cause delays in the processing. Call our office or visit www.lovettrealty.com for updated applications..
45 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC SUBLEASE APPLICATION FOR COOPERATIVE
APARTMENT: ______
Applicant Name: ______
Applicant Address: ______Telephone: (_____) ______
______
Applicant Name: ______
Applicant Address: ______Telephone: (_____) ______
______
Shareholder's Name: ______
Shareholder Address: ______Telephone: (_____) ______
Broker: ______Company: ______Address: ______
Lease Dates: From: ______to ______
Anticipated Date of Move-In: ______
INFORMATION REGARDING APPLICANT(S)
Applicant: ______
Home Address: ______Telephone: ______
Length of Occupancy: ______Rent: ______
Employer’s Company Name & Address: ______
Telephone: ______Supervisor: ______
Salary per Annum: ______Commission & Bonus: ______
Other Income______
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Spouse/Co-Applicant:______
Home Address: ______Telephone: ______
Employer’s Company Name & Address: ______
Telephone: ______Supervisor: ______
Salary per Annum: ______Commission & Bonus: ______
Name of all persons and relationships who will reside in apartment and, if children, please state age: ______
Name of all residents in the building known by applicant: ______
Are any pets to be maintained in the apartment? Yes ______No ______
If yes, please number and type pets: ______
INFORMATION REGARDING APPLICANT(S)
LANDLORD REFERENCES:
Present Landlord or Agent: ______Address: ______Telephone: ______
Previous Landlord or Agent: ______Address: ______
Address of previous residence and approximate length of occupancy: ______
47 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC FINANCIAL REFERENCES: (Please list first the bank, type of account (savings, checking, money market, etc.) and account number with the most assets).
1. Bank:
Address:
Type of Account:
Account Number:
2. Bank:
Address:
Type of Account:
Account Number:
3. Bank:
Address:
Type of Account:
Account Number:
4. Bank:
Address:
Type of Account:
Account Number:
5. Certified Public Accountant, if any:
Address:
6. For information regarding source(s) of income, contact:
INFORMATION REGARDING APPLICANT(S)
BUSINESS PROFESSIONAL REFERENCES:
1. Name & Address:______48 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC
2. Name & Address:______
3. Name & Address: ______
4. Name & Address :______
SPECIAL REMARKS:
Please give any additional information which may be pertinent or helpful: ______
The undersigned hereby affirms that the information contained in this application is true and accurate to the best of her knowledge and belief.
Signature of Applicant: ______Date: ______
Signature of Spouse/Co-Applicant: ______Date: ______
49 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC STATEMENT OF FINANCIAL CONDITION
Please note that all information listed here should have documentation
Name: ______Address: ______
For the purpose of procuring credit from the above named company, or its assigns, the following is submitted as being a true and accurate statement of the financial condition of the undersigned on the______day of ______, 20___
FILL ALL BLANKS, WRITING “NO” OR “NONE” WHERE NECESSARY TO COMPLETE INFORMATION
ASSETS LIABILITIES Cash in Banks: ______Notes Payable: Savings & Loan Shares: ______To Banks: ______Earnest Money Deposited: ______To Relatives: ______Investments: Stocks & Bonds: ______To Others: ______(See schedule) Installment Accts Payable: Investment in own Business: ______Automobile: ______Real Estate owned (see schedule) Other: ______Other Accounts Payable:______Automobiles: (Year & Make) Mortgages Payable on Real Estate: ______(see schedule) ______Unpaid Real Estate taxes: ______Unpaid Income taxes: ______Chattel Mortgages: ______Personal property & Furniture: ______Loans on Life Insurance Policies: Life Insurance: (Include Premium Advance): ______Cash Surrender Value: ______Other Assets – itemize: ______Other debts – itemize: ______
Total Assets: ______Total Liabilities: ______
Net Worth: ______
PURCHASER SOURCE OF INCOME CO-PURCHASER SOURCE OF INCOME Base Salary: ______S/E Income: ______Bonus & Commissions: ______Dividends & Interest Income: ______Real Estate Income (Net):______Spouse Income (specify):______Other Income – itemize: ______Total Annual Income: ______
50 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC STATEMENT OF FINANCIAL CONDITION (cont’d)
CONTINGENT LIABILITIES GENERAL INFORMATION
As Endorser or Co-maker on Notes Personal Bank Accounts carried at: ______Alimony Payments (Annual):______Are you a defendant in any legal action? _____ Savings & Loan Account at: Are there any unsatisfied judgments? ______Have you ever claimed bankruptcy? ______Purpose of Loan: Explain: ______
SCHEDULE OF STOCKS AND BONDS Non-Marketable Amount or Marketable (Unlisted Securities) No. Shares Description Actual Market Value Estimated Worth
______
SCHEDULE OF CASH IN BANKS AND BROKERAGE
Location Account Balance
______
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STATEMENT OF FINANCIAL CONDITION (cont’d)
SCHEDULE OF REAL ESTATE
Actual Market Mortgage Description & Location Cost Value Amount Maturity ______
SCHEDULE OF NOTES PAYABLE Specify any assets pledged as collateral, indicating the liabilities which they secure:
To Whom Payable Date Amt Due Interest Assets Pledged as Security
______
The foregoing statements and details pertaining thereto, both printed and written, have been carefully read and the undersigned hereby solemnly declares and certifies that same is a full and correct exhibit of my/our financial condition.
Date: ______Signature: ______
Signature: ______
52 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC CREDIT REPORT
39 FIFTH AVENUE OWNERS CORP.
CREDIT AGENCY AUTHORIZATION
39 FIFTH AVENUE, APT NO.______, NEW YORK, NEW YORK 10003
APPLICANT NAME(S): ______
FOR THE PURPOSE OF PURCHASING OR LEASING AN APARTMENT, HOUSE, CO-OP OR CONDOMINIUM, I (WE) HEREBY AUTHORIZE THE LOVETT COMPANY, LLC TO OBTAIN A TRW, TRANS UNION OR EQUIFAX CREDIT REPORT OR A MERGED CREDIT REPORT PROVIDING INFORMATION FROM ALL THREE CREDIT BUREAUS. I (WE) RELEASE THE LOVETT COMPANY, LLC FROM ANY AND ALL LIABILITY FROM DOING SO.
I (WE) FURTHER AUTHORIZE THE LOVETT COMPANY, LLC, AT ITS DISCRETION, TO MAKE A COPY OF SUCH CREDIT REPORT AVAILABLE TO THE SHAREHOLDER OF THE APARTMENT WHICH I (WE) PROPOSE TO PURCHASE OR LEASE.
______PRINT NAME - PURCHASER OR LESSEE SOCIAL SECURITY NUMBER
______SIGNATURE DATE
______PRINT NAME - PURCHASER OR LESSEE SOCIAL SECURITY NUMBER
______SIGNATURE DATE
______CURRENT ADDRESS TELEPHONE NUMBER
______CITY AND STATE ZIP CODE
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RELEASE OF INFORMATION AUTHORIZATION AUTHORIZATION TO OBTAIN A CRIMINAL REPORT
I hereby authorize any individual, company or institution to release to The Lovett Company, LLC, and/or its representative any and all information that they have concerning any criminal activity.
I hereby release the individual, company or institution and all individuals connected therewith from all liability for any damage whatsoever incurred in furnishing such information.
Print Name: ______Date of Birth ______
Address: ______Sex: Male____ Female ____
City/State/Zip: ______
Social Security Number: ______
Signature: ______
------
Print Name: ______Date of Birth ______
Address: ______Sex: Male____ Female ____
City/State/Zip: ______
Social Security Number: ______
Signature: ______
------(FOR OFFICE USE ONLY)
PLEASE RETURN TO:
THE LOVETT COMPANY, LLC ATTN: YAJAIRA V. CRESPO FAX (718) 445-9704 BUILDING REFERENCE: 39 Fifth Avenue, /Apt#______
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INSERT THREE (3) PERSONAL REFERENCE LETTERS FROM NON-RELATIVES WHO HAVE KNOWN THE PROSPECTIVE
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INSERT PROSPECTIVE SUBTENANT’S EMPLOYMENT VERIFICATION LETTER ***Must include salary, position and terms of employment.
56 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC INSERT PROSPECTIVE SUBTENANT’S LANDLORD REFERENCE LETTER INDICATING LENGTH OF TENANCY AND PAYMENT HISTORY
INSERT
57 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC PROSPECTIVE SUBTENANT’S LAST TWO (2) YEARS FEDERAL INCOME TAX RETURNS WITH W-2 FORMS
INSERT SUBSTANTIATING DOCUMENTATION
58 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC SUCH AS, BANK STATEMENTS, IRAS, CDS, SAVINGS, AND ANY OTHER ASSETS LISTED IN SECTION 3
***Most recent full paged bank statements are required (no online print outs accepted)***
59 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC Sublease Agreement Page 1 of 3 Date of the Sublease: ______, 20______
Parties to Overtenant: this Sublease: Address for Notices:
You, the Undertenant: Address for Notices:
If there is more than one Overtenant or Undertenant, the words "Overtenant" and "Undertenant" used in this Sublease include them.
Information for Landlord: 39 Fifth Avenue Owners Corp. Over-Lease: Address for c/o The Lovett Company, LLC Notices: 109-15 14th Avenue College Point, N.Y. 11356
Date of Over-Lease______19___
Term: ______years
From ______20__ to ______20___
A copy of the Over-Lease is attached for an important part of the sublease.
Term: One year consisting of 12 consecutive months Beginning ______20____ ending ______20___
Premises Rented: Apartment ______
At: ______
Use of Premises: The premises may be used for Residential purposes only.
Persons in The Undertenant herby specifically represents that the named Undertenant Occupancy: herein above shall be the only person in occupancy of the premises except for ______, whose relationship to the Undertenant is ______, and ______, whose relationship to the Undertenant is ______.
The Undertenant hereby specifically agrees that no other persons shall be in occupancy with the above stated, In the event the Undertenant desires to add other persons as occupants with the Undertenant during the term of this Sub-Lease, it is specifically agreed that the Undertenant shall give notice in writing to the Overtenant and to the Landlord, the name of the other persons proposed for such occupancy and their relationship to the Undertenant. It is further hereby specifically agreed that such other persons shall not become occupants pursuant to the terms of this Sublease until such time as they are approved in writing by the Overtenant and by the Landlord, which approval shall not be unreasonably withheld.
Page 2 of 3
60 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC Rent: The yearly rent is $______. You, the Undertenant, will pay this yearly rent to the Overtenant in twelve equal monthly payments of $______. Payments shall be paid in advance on the first day of each month during the term.
Security: The security for the Undertenant's performance is $______. Overtenant states that Overtenant received it.
Agreement to Lease Overtenant sublets the premises to you, the Undertenant for the term. and Pay Rent: Overtenant states that it has the authority to do so. You, the Undertenant, agree to do everything required of you in the Sublease.
Notices: All notices in the Sublease shall be sent by certified mail, return receipt requested.
Subject to: The sublease is subject to the Over lease. It is also subject to any agreement to which the Overlease is subject. You, the Undertenant, state that you have read and initialed the Overlease and will not violate it in any way. You, the Undertenant, will not breach any of the terms, conditions, restrictions or covenants contained in the Overlease, the By Laws, the House Rules and Regulations and any related documents.
Overtenants Duties: The Overlease describes the Landlord's duties. The Overtenant is not obligated to perform the Landlord's duties. If the Landlord fails to perform, you the Undertenant, must send the Overtenant a notice. Upon receipt of the notice, the Overtenant shall then promptly notify the Landlord and demand that the Overlease agreements be carried out. The Overtenant shall continue the demands until the Landlord performs.
Consent: If the Landlord's consent to the Sublease is required, this consent must be received prior to the commencement of the Sublease. If the Landlord's consent is not received, the Sublease will be void and in such event, all parties are automatically released.
Possession: Possession shall in no event commence until Landlord's consent is received.
Adopting the The provisions of the Over Lease are part of this Sublease. All the Over-Lease and Exceptions of the Overlease are part of this Sublease. All the provisions Exceptions: of the Overlease applying to the Overtenant are binding on you, the Undertenant.
Authority: You, the Undertenant, have no authority to contact or make any agreement with the Landlord about the premises or the Overlease. You, the Undertenant, may not pay rent or other charges to the Landlord, but only to the Overtenant, subject to paragraph 32 of the Over Lease.
Successors: Unless otherwise stated, the Sublease is binding on all parties who lawfully succeed to the rights or take the place of the Overtenant or you, the Undertenant, Examples are an assign, heir or a legal representative such as an executor of your will or administrator of your estate.
House Rules and Regulations: The Undertenant agrees to comply with the By Laws and the House Rules and Regulations of the Cooperative.
Page 3 of 3
Move-In/Move-Out The Move-In/Move-Out Security Deposit Agreement is attached hereto Security Agreement and made a part hereof and is labeled Exhibit V. and Service Agreement
Responsibility The Overtenant shall be liable and responsible for any fines, damages, costs of Overtenant and expenses (including reasonable attorney's fees) incurred or paid as a For Actions of result of or in connection with any violation of the By Laws of the Corporation 61 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC Undertenant and the House Rules and Regulations of the Corporation by the Undertenant.
Default: The Undertenant shall be considered as being in default of the Sublease Agreement if he fails to carry out any of the provisions of this Sublease Agreement, in such event, he will be subject to removal from the premises upon demand by the Overtenant or Landlord.
The members of the Board of Directors of the Landlord shall have the power to terminate the Lease Agreement and to bring summary proceedings to evict the Undertenant, in the name of the Overtenant thereunder in the event of a default by the Undertenant in the performance of its obligations under this Sublease Agreement.
Assignment: This Sublease may not be transferred or assigned.
Changes: This Sublease can be changed only by an agreement in writing signed by the parties of the Sublease and subject to the Landlord's written consent.
Landlord not Party to the Sublease: Nothing herein contained shall be construed to make the Landlord a party to this Sublease and the Landlord shall not have liability with respect to this Sublease.
Signatures: OVERTENANT:
______
______
You, the UNDERTENANT:
______
______
Witness: ______
RIDER TO SUBLEASE AGREEMENT 39 FIFTH AVENUE OWNERS CORP. 39 FIFTH AVENUE NEW YORK, NY 10003
Whenever the Overtenant (shareholder) is more than thirty (30) days in arrears in monthly maintenance charges, the cooperative corporation (Co-op) shall, at its option, have the right to collect the rent payable by the Undertenant (subtenant) in the apartment until such arrears are paid in full, including maintenance, late fees, legal and other costs per the Proprietary Lease. In 62 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC the event the rent collected exceeds the arrears due, the Co-op shall remit the excess to the shareholder. Any payments made to the Co-op shall be credited to the subtenant as if made to the shareholder, and there shall be no breach of the sublease on account of said payments.
Any behavior which violated the terms of the Proprietary Lease or the House Rules, such as excessive noise, guests, or inappropriate or obnoxious behavior, which becomes or proves a threat to the quiet enjoyment of the building shall be grounds for terminating the sublease.
If the foregoing meets with your understanding, please sign where indicated below.
AGREED AND ACCEPTED:
______Overtenant (Shareholder)
______Undertenant (Subtenant)
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ACKNOWLEDGEMENTS & AUTHORIZATIONS
SUBLEASE ACKNOWLEDGEMENT
64 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC There is a monthly sublet charge of 10% of the monthly maintenance that will be billed to the maintenance account on a monthly basis.
Furthermore, if approved, you are only allowed to sublet for a one-year term, renewable only at the sole discretion of the Board of Directors.
I (we) have read and fully understood the conditions set forth above.
Shareholder's Signature Date
Shareholder's Signature Date
HOUSE RULES 39 Fifth Ave. Owners Corp. Revised July 2018
1) The public halls and stairways of the building shall not be obstructed nor used for any other purpose than for ingress and egress from the apartments in said building. 65 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC 2) Children shall not play in the public halls, stairways or elevators and shall not be permitted in the service elevator of the apartment building unaccompanied by an adult.
3) No entrance hall above the ground floor of the apartment building shall be decorated or furnished by any Lessee in any manner without prior consent of all the Lessees to whose apartments such hall serves as a way of ingress and egress, and must be approved by the Board of Directors of the Corporation.
4) Each Lessee shall keep his apartment in good state of preservation and cleanliness. No substance may be swept, thrown or hung from windows and doors. No articles may be placed on window sills of the apartment building.
5) No articles of any kind shall be placed in the service halls or on the service staircase landings, except for a refuse container(s). All garbage will be picked up at times directed by the Management Company.
6) No Lessee shall make or permit any disturbing noises in the building nor permit anything to be done which will interfere with the rights, comforts or convenience of other Lessees. No Lessee shall play upon or permit another to play upon any musical instrument or permit the operation of radio, television or sound-emitting equipment between the hours of 11:00 p.m. and 9:00 a.m. if the same shall disturb or annoy other occupants of the building. In no event shall instrumental or vocal practice be permitted for more than two hours in any day or between the hours of 9:00 p.m. and the following 9:00 a.m.
7) The passenger elevator is for the use exclusively of persons residing in the building and their invitees. The service elevator shall be used upon arrival and departure for articles of luggage, cartons, plants, furniture or any other large items.
8) The passenger and service elevators in the apartment building shall be operated only by employees of the Lessor and there shall be no interference of the same by the Lessees, members of their families or their under-tenants, visitors or servants.
9) No bicycles or shopping carts shall be allowed in the passenger elevator and no baby carriages or bicycles shall be allowed to stand in the hallways or passageways of the building.
10) Trades people will use only the service elevator in the building.
11) No sign, signal, advertisement or illumination shall be inscribed or exposed on any window or other part of the apartment building, except such as shall be approved in writing by the Lessor. Nothing shall be projected out of any window of the building without such written consent from the Board of Directors.
12) No shades or awnings shall be used in or about the apartment building except such as shall be approved by the Lessor.
13) No resident shall proceed with an apartment renovation or similar work of any kind except on weekdays between the hours of 8:30 a.m. and 4:30 p.m. Work will not allowed on any weekday if that weekday is a major holiday.
14) Plumbing fixtures in the building shall not be used for any other purpose than those for which they were constructed nor shall any rubbish or other articles be thrown into the plumbing fixtures. The cost of repairing any damage resulting from misuse of 66 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC plumbing apparatus shall be borne by the Lessee in whose apartment it shall have been caused.
15) No Lessee shall be permitted to install washers or dryers or any combination thereof, portable or permanently in an apartment, without first obtaining approval from Lessor, and without executing the License Agreement and paying the associated one- time licensing fee. A violation of the License Agreement may be grounds for termination of Lessee’s Proprietary Lease.
16) No Lessee shall send any employee of the Lessor outside the apartment building on any private business of the Lessee.
17) Dogs shall only be permitted in any of the public portions of the building when on a leash.
18) The feeding of pigeons or other birds by putting food on the window sill of an apartment, by throwing any food to them out of the windows of an apartment or by feeding them in or about the immediate premises is strictly prohibited.
19) No Lessee shall be permitted to install through the wall air conditioning or central air conditioning without prior approval from Lessor, and upon submission of alteration agreement and related specifications.
20) No Lessee shall make any keys to his apartment freely available to persons who are not members of his immediate family without first notifying the Managing Agent. No Lessee shall sublet the apartment without the consent and approval of the Board of Directors of the Corporation. If the Lessee wishes any other person to occupy his apartment, he must provide written authorization to the Building Manager indicating the guest's name and time period that the apartment is to be occupied.
21) Each Lessee shall cover 80% of the floors in his apartment which are over bedrooms, living rooms and foyers of the apartments with carpeting or rugs to prevent any noise from disturbing or annoying other Lessees.
22) Terrace planting must meet the following requirements:
Planting boxes must be set back at least 4 inches from the building walls or parapets, or to each other, and the maximum saturated weight of any individual planter shall not exceed 150 pounds. Planters may not be installed over terrace roof drains, impede access to them, or otherwise alter or obstruct existing patterns of the roof or terrace drainage. Planting may not take root on, or otherwise be affixed to, building walls, parapets or other building structure. No automatic watering systems shall be permitted except by permission of the Lessor. The maximum height of any planting shall be 8 feet with a maximum spread of 4 feet and must be contained within terrace boundaries. Plantings may not block doorways leading to terraces. Lessees shall be entirely responsible for the maintenance of all plant materials and containers and shall maintain all roof drains clear of dirt and leaves.
67 Revised 8/16/18 to Include Updated House Rules and Smoking Policy YVC The responsibility for, and the cost of, moving any Lessee installed planting to permit the building to do normal or emergency repairs or maintenance shall be borne by the Lessee. Under no circumstances shall holes be made in the terrace surface, quarry tile and metal flashings. Nothing shall be constructed that will hinder the flow of water to the terrace drains. The Lessee shall bear all costs of building repair for damages caused by his or her failure to comply with these rules and shall be charged for such as an additional rent for the apartment.
23) These house rules may be added to, amended or repealed at any time by resolution of the Board of Directors of the Corporation.
24) All permits or consents of the Lessor given under the house rules shall be deemed to be revocable by the Lessor.
25) All complaints regarding the services of the building shall be made in writing to the Managing Agent in charge thereof.
26) In accordance with Paragraphs “13” and “15” of your proprietary lease, the Sublet Policy contains a restriction on subletting, namely that any given apartment cannot be sublet for more than two years out of any given six year period of time.
27) Effective as of August 1, 2018, no smoking, whether by tenant-shareholders, tenants, invitees, guests, staff or others, of cigarettes, cigars or any other combustible material, electronic cigarettes or similar devices, is permitted in any areas of the building, including without limitation, courtyards, rooftops, balconies and patios or on roof decks or within 25 feet of any exterior wall, whether accessible to the public or not. Notwithstanding the foregoing, smoking shall be permitted entirely within apartments subject to and provided that: (a) all doors from the apartment to any interior portion of the building are equipped with sweeps and other insulating material to prevent the emission of smoke, fumes or odors into such areas; (b) during any time such smoking is taking place, a fan or other negative pressure device is in operation venting any smoke, fumes or odors to the exterior of the building whether through a window or other opening, and such smoke, fumes or odors are directed sufficiently away from the building so they are not detectible in other apartments or areas of the building; and (c) in the event of any complaints by any occupants of the building, staff or other interested parties about smoke, fumes or odors created by such smoking, no further smoking shall be permitted in such apartment unless and until measures have been taken satisfactory to the Board that the offending conditions have been mitigated.
Any violation of this House Rule 27, in addition to being a violation of New York City law, shall constitute a violation of Article 31(e) of the Proprietary Lease, and if repeated after notice may constitute a non-curable default for objectionable conduct under Article 31(f) of the Proprietary Lease. In any such event, whether or not the Proprietary Lease is terminated, an administrative fee, any applicable escalating civil penalties of New York City and any legal fees or expenses incurred by the Co-op will be assessed against the shares associated with the apartment and collectible as additional maintenance.
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House Rules
Apartment: ______
I/We acknowledge receipt of the policies, procedures and the House Rules of 39 Fifth Avenue Owners Corp., and have read and understood them:
Print Name(s): ______Subtenant Co-Subtenant
Signature(s) : ______
Date: ______
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W I N D O W G U A R D S R E Q U I R E D
You are required by law to have window guards installed in all windows if a child 10 years of age or younger lives in your apartment.
Your landlord is required by law to install window guards in your apartment if you ask him to install window guards at any time (you need to give a reason),
OR
If a child 10 years of age or younger lives in your apartment.
It is a violation of law to refuse, interfere with installation, or remove window guards where required.
Check One:
_____ Children 10 years of age or younger live in my apartment
_____ No Children 10 years of age or younger live in my apartment
_____ I want window guards even though I have no children 10 years of age or younger
Subtenant: ______
Subtenant’s Signature: ______Date: ______
Subtenant’s Address: ______
______
Return this form to: Owner Manager: 39 Fifth Avenue Owners Corp. c/o The Lovett Company, LLC 109-15 14th Avenue College Point, New York 11356
For further information call: Window Falls Prevention 212-676-2158
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DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
Lead Warning Statement Every purchaser/subtenant of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead Poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller/lessor of any interest in residential real property is required to provide the buyer/lessee with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Shareholder/Lessor’s Disclosure (initial) _____ a) Presence of lead-based paint and/or lead-based paint hazards (check one below): ( ) Known lead-based paint and/or lead-based hazards are present in the housing (explain):______( ) Shareholder/Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. _____ b) Records and reports available to the seller/lessor (check one below): ( ) Shareholder/Lessor has provided the purchaser/lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
( ) Shareholder/Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Purchaser/Lessee’s Acknowledgments (initial) _____ c) Subtenant/Lessee has received copies of all information listed above. _____ d) Subtenant/Lessee has received the pamphlet Protect Your Family from Lead in Your Home. _____ e) Subtenant/Lessee has (check one below): ( ) Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or _____ ( ) Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
Agent’s Acknowledgment (initial) _____ (f) Agent has informed the shareholder of the shareholder’s obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.
Shareholder(s)/Lessor(s) Date
Agent Date
Subtenant/Lessee Date Subtenant/Lessee Date
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NAME PLATE REQUEST
39 FIFTH AVENUE OWNERS CORP.
The Lovett Company, LLC 109-15 14th Avenue College Point, New York 11356 718-445-9500
Please complete the information requested on the form and acknowledge that you will supply the Superintendent with a set of keys upon moving into your apartment.
Apt. No.:______
Name on Mailbox: ______
Name on Directory: ______
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DOG/CAT REGISTRATION FORM
Please Print Clearly or Type
Apartment Number: ______
Apartment Owner(s)/Resident(s): ______
______
Details of Pet (check one): Dog? ______Cat? ______
Name: ______Age: ______Sex: ______
Breed: ______License # (for dogs only)______
Color: ______Markings: ______
Current Weight: ______Weight at Maturity: ______
How long have you owned this pet? ____ years, ____ months
Attach current photo of pet in space below
I (we) agree to comply with the provisions of the House Rules Pet Policy.
Signature of Pet Owner(s) ______Date ______Date
Return completed form to Management
************************************************************************************************
Office Use Only: Date Registration Form Received: ______
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