This agreement sample is for informational and educational purposes only. The agreement sample is not intended to be used for any purpose and is not a substitute for professional legal advice. You should always seek the advice of your legal services provider before entering into any agreement.

New York State Residential Lease Agreement

Made this _____________ day of __________, 20__, between___________________________________________ hereinafter called "Landlord", and (Providers Name) a domestic Not-for-Profit Corporation with its principal office located at (Providers Address), hereinafter called "Tenant".
WHEREAS, the Landlord is the owner of the premises located at ________________________________
WITNESSETH:  The parties hereto, for the consideration hereinafter mentioned, covenant, and agree as follows:
1. The Landlord hereby leases to the Tenant the following described Premises:  ___________________________, Apartment # ____    in (City), New York ("Premises").
2. TO HAVE AND TO HOLD the said Premises with the appurtenances for the term of one (1) year beginning with                        and ending with                  , to be used by the Tenant as a residential dwelling.
3. The Tenant shall pay rent to the Landlord for the Premises at the rate of $            per year, payable to                                                            at                                                               in equal monthly installments of    $ ______.
4. The Landlord acknowledges that the Tenant is a Sponsor participating in a Permanent Supportive Housing (PSH) Program that is administered by the Office of Alcoholism and Substance Abuse Services (OASAS).  The occupant of this premise shall be a participant in the program, hereinafter called "Participant".
5. Tenant shall have the right to place, replace or remove the participant of the PSH Program at the leased Premises anytime during the term of this lease.  The Tenant shall notify the Landlord of any change in occupancy of the leased Premises.  Notwithstanding such occupancy, Tenant shall at all times remain fully responsible for the performance of all terms, covenants, conditions and provisions of this lease on the part of the Tenant to be performed and the payment of rent to the Landlord as herein provided. 
6. Any holdover by the Tenant after the expiration of the term stated herein or of any extension of such term shall be construed to be a tenancy from month to month and shall otherwise be on the terms and conditions specified herein.
7. The Landlord agrees that if it fails to pay any interest cost or other charges upon any mortgage or other lien affecting the Premises, including taxes, service charges and insurance for which the Landlord is liable, when any of the same become due, then the Tenant may, after the continuance of any such failure or default for ten (10) days after notice in writing thereof is given by the Tenant to the Landlord, pay such costs or other charges on behalf of and at the expense of the Landlord, including, but not limited to the payment of any fees, penalties, and other related charges and expenses.  The Landlord agrees to reimburse the Tenant for all sums so expended or the Tenant shall be entitled to deduct all or any portion of sums so expended from any rent due or that may become due and payable under this lease.
8. With respect to the condition and maintenance of the Premises, and/or with respect to the ability of the Tenant to continue its uninterrupted use of said Premises for the purposes intended, the Landlord shall,
a. take good care of the Premises, fixtures, and appurtenances and make all repairs necessary to preserve same in good order and condition at its own cost and expense.  In exercising the provisions of this paragraph, it is understood and agreed that the Landlord shall be responsible for all major structural repairs.  Structural repairs are defined to include:  the roof, stairwells, foundation, major plumbing, heating, electrical service, well, septic systems, and windows, but excluding the replacement of broken window glass;
b. comply with all laws, rules, orders, ordinances and regulations at any time issued or in force, applicable to the Premises, of the borough, city, county, or other municipality, State or Federal governments, and each and every department, bureau and official thereof, and of any board of fire underwriters having jurisdiction over the premises.
9. Pursuant to the terms of this lease and to the extent permissible by Federal and State laws and regulations protecting the identity of alcoholism and substance abuse program participants, the right of the Landlord to make periodic inspections of the Premises will remain unimpaired and, should inspection disclose damage to the premises caused by the participant of Tenant or the negligence of Tenant's employees, then, in that event, the Landlord can, on written demand to the Tenant, require that such damage be corrected.
10. Landlord will give to the Tenant, in writing, the names, addresses and phone numbers of the Landlord's authorized repairers in the event the Landlord is not available.
11. Tenant shall have the right to sublet the leased Premises upon filing a fully executed copy of the Sublease with the Landlord.  The Sublease shall provide that the rent payable by the Sublessee to the Tenant there under shall be paid directly by the Sublessee to the Landlord, as and when the same is due and payable under said Sublease, and when received by the Landlord shall be applied by the Landlord against the rent due by the Tenant hereunder.  Notwithstanding such Sublease, Tenant shall at all times remain fully responsible for the performance of all terms, covenants, conditions and provisions of this lease on the part of the Tenant to be performed and the payment of rent to the Landlord as herein provided.
12. Tenant shall not assign this lease to the participant except with consent from the landlord; such consent shall not be unreasonably withheld.
13. In the event of a default by the Tenant under the terms and conditions of this agreement, Landlord shall give written notice by registered mail to the Tenant of the existence of default and the specific nature thereof, and shall otherwise comply with the provisions of this paragraph, prior to the commencement of any action or proceeding based upon such default or prior to the issuance of any formal notice of default under, or termination of, this agreement by the Landlord.  Tenant shall have a thirty (30) day period, after receipt of such notice, to cure the default or in the case of a default that cannot be cured within thirty (30) day period, to commence the curing of such default during such 30 day period of time and to complete the same within a reasonable period of time thereafter.  Upon Tenant's failure to cure said default, Landlord agrees to give to the Commissioner of the New York State Office of  Alcoholism and Substance Abuse Services, 1450 Western Avenue, Albany, NY 12203, a separate written notice (in addition to the foregoing notice afforded Tenant), that a specified default on the part of the Tenant remains unremedied.  The Commissioner shall have the right to remedy in the Commissioner's sole discretion such default on behalf of the Tenant within sixty (60) days after receipt of such notice.  Upon the expiration of such 60 day period of time, the Landlord shall then have the right to proceed to issue any formal notice of default or termination under this agreement or to commence any action or proceeding against the Tenant based upon such default.
14. In the event the State of New York discontinues the funding of the program necessary to continue to operate said facility or for any reason withdraws its certificate of approval for said facility, this lease will terminate sixty (60) days after written receipt of such notice from Tenant, without further liability to either party, except that this lease shall not be deemed terminated and Tenant shall remain liable therefore if said revocation of approval is caused by the voluntary withdrawal from the program by Tenant or as a result of any fault of Tenant in the operation of said program, as determined by the New York State Office of Alcoholism and Substance Abuse Services.
15. The Tenant shall permit the Landlord, during the three (3) months next prior to the expiration of the term, to place the usual notices to "To Let" upon the exterior of the Premises.
16. If the Premises or any part thereof, or any appurtenances thereto, are destroyed or so injured, by fire or the elements or any other cause, as to render the Premises untenantable or unfit for occupancy, in whole or in part for the Tenant's uses, the Tenant, in its sole discretion, may quit and surrender the entire demised Premises without farther obligation.
17. The Landlord covenants with the Tenant that Tenant, on paying the rent reserved herein, shall and may peacefully and quietly have and enjoy the said Premises.
18. The Tenant shall, at the end of the term, quit and surrender the Premises in as good order and condition as when received, natural wear and tear and damage by the elements, including fire excepted.
19. Any and all articles of personal property, including, without limitation, business and trade fixtures, machinery, equipment, cabinet work, furniture, movable partitions, carpeting and water coolers, drapes, blinds, owned or installed by the Tenant at its sole expense, are and shall remain the property of the Tenant and may be removed by it at any time.  The Tenant shall not be required to remove such articles at the end of the lease term or any renewal or extension thereof unless it so elects, providing that if such fixtures, machinery, equipment, cabinet work, furniture, movable partitions, carpeting and water coolers are removed, the cost of repairing any damage to the building arising from such removal shall be paid by the Tenant.
20. Any notice by the Tenant to the Landlord shall be deemed to be given if mailed by registered or certified mail, addressed to the Landlord at the address given above, and any notice by the Landlord to the Tenant shall be deemed to be given if mailed by registered or certified mail, addressed to the Tenant at the address given above.
21. In case the leased Premises or the building of which same is a part shall be sold, conveyed, transferred, assigned, leased or sublet, or if the Landlord shall sell, convey, transfer or assign this lease or rents due under this lease, or if for any reason there shall be a change in the manner of which the rental reserved hereunder shall be paid to the Landlord, proper written notice of such change shall be given by the Landlord to the Tenant.
22. In the event the demised premises are substantially condemned by Eminent Domain for any public or quasi public use or purpose, then and in that event, this lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall not be liable for further rent.  Tenant shall be entitled to an award for the fair market value of any alterations and improvements made by or paid for by Tenant and Tenant shall be entitled to an award for the value of the unexpired term of this lease.
23. The cost of electricity and gas (natural and propane) is to be paid by Landlord/Tenant. The cost of fuel for heat and/or hot water is to be paid by Landlord/Tenant.The cost of snow removal and/or lawn care is to be paid by Landlord/Tenant. The cost of sidewalk and parking lot maintenance is to be paid by Landlord/Tenant.

IN WITNESS WHEREOF, the parties hereto have executed this lease on the dates appearing next to their signatures below.
Date: ________________________ ______________________________________________________Landlord Name
______________________________________________________             Landlord Signature
Date: ________________________ ______________________________________________________                       Tenant  Name
______________________________________________________                         Sponsor/ Director Signature


ACKNOWLEDGEMENT BY LANDLORD
(STATE OF NEW YORK) SS.:         INDIVIDUAL COUNTY OF                        )
On this       day of               , 20__ , before me personally came                                              , to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledged to me that he executed the same.

          ___________________________________________                                                   Notary Public
ACKNOWLEDGEMENT BY TENANT
STATE OF NEW YORK) SS.:   INDIVIDUALCOUNTY OF              )
On this       day of               , 20__ , before me personally came                                               , to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledged to me that he executed the same.          ___________________________________________                                                   Notary Public