© ****, National Apartment Association, Inc. - */*019, New York Page 1 of 8

APARTMENT LEASE

Date of Lease:

(when the Lease is filled out) This is a binding document. Read carefully before signing. 1. PARTIES. This Lease (sometimes referred to as the “lease”) is between you, the tenant(s) (list all people signing the Lease):

and us, the owner:

(name of apartment community or title holder). You’ve agreed to rent Apartment No., at

(street address) in

(city), New York,

(zip code) (the “Apartment”) for use as a private

residence only. The terms “you” and “your” refer to all tenants listed above. The terms “we,” “us,” “our,” and “Landlord” refer to the owner listed above (or any of owner’s successors’ in interest or assigns) and not to property managers or anyone else. Written or electronic notice to or from our managers constitutes notice to or from us. If anyone else has guaranteed performance of this Lease, a separate Lease Guaranty for each guarantor is attached.

2. OCCUPANCY AND USE. You shall use the apartment for living purposes only. The apartment is to be occupied only by you and your immediate family and by occupants as defined in and only in accordance with Real Property Law § 235-f.

Name of Occupant

Occupant’s Date of Birth

Name of Occupant

Occupant’s Date of Birth

Name of Occupant

Occupant’s Date of Birth

Name of Occupant

Occupant’s Date of Birth

Name of Occupant

Occupant’s Date of Birth

Name of Occupant

Occupant’s Date of Birth

3. LEASE TERM. The initial term of the Lease begins on the day of,, and ends at

11:59 pm the day of, .

4. SECURITY DEPOSIT. Unless modified by addenda, the security deposit at the time of execution of this Lease is $, due on or before the date this Lease is signed. Security deposit will be deposited into a separate interest bearing security account. At your option, the interest earned, less 1% administrative fee retained by us, shall be applied for the rental of this apartment, or held in trust until repaid, or annually paid to you.

The name and address of the financial institution that will hold your security deposit is

.

5. KEYS AND FURNITURE. You will be provided apartment key(s), mailbox key(s), and other access devices for

. Your

apartment will be (check one): furnished or unfurnished. 6. RENT AND CHARGES. Unless modified by addenda, you will pay

$ per month for rent, payable in advance and without demand:

at the on-site manager’s office, or

at our online payment site, or

at

.

Prorated rent of $ is due for the remainder of (check one): 1st month or 2nd month, on,

.

Otherwise, you must pay your rent on or before the 1st day of each month (due date) with no grace period. Cash is unacceptable without our prior written permission. You must not withhold or offset rent unless authorized by statute. We may, at our option, require at any time that you pay all rent and other sums in cash, certified or cashier’s check, money order, or one monthly check rather than multiple checks. At our discretion, we may convert any and all checks via the Automated Clearing House (ACH) system for the purposes of collecting payment. Rent is not considered accepted, if the payment/ ACH is rejected, does not clear, or is stopped for any reason. If you don’t pay all rent on or before the fifth (5th) day of the month, you’ll pay a late charge of $ . Your late charge will be capped at the lesser of five percent (5%) of the monthly rent or $50.00. You’ll also pay a charge of $ for each returned check or

rejected electronic payment, (“NSF charges”), plus the late charge. If you don’t pay rent on time, you’ll be delinquent and all remedies under this Lease will be authorized. We’ll also have all other remedies for such violation. The late charge is a cost to you to reimburse us for the time our staff will expend in bookkeeping, notices and late charges incurred on our obligations, etc. and not as a penalty. Late charges are to be considered additional rent and not interest or a penalty. All charges under the Lease, including but not limited to, late charges, NSF charges, utility charges, and attorney’s fees, shall be considered additional rent and we shall have the same remedies as we have for the non-payment of rent. All payment obligations under this Lease shall constitute rent under this Lease. 7. UTILITIES. We’ll pay for the following items, if checked:

water gas electricity master antenna

wastewater trash cable TV

other

You’ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. You must not allow utilities to be disconnected—including disconnection for not paying your bills— until the lease term or renewal period ends. Cable channels that are provided may be changed during the lease term if the change applies to all tenants. Utilities may be used only for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-operated lighting. If any utilities are submetered for the apartment, or prorated by an allocation formula, we will attach an addendum to this Lease in compliance with state agency rules or city ordinance. In no event shall Landlord be liable for interruption in any utility which is provided to the subject premises.

Moving In — General Information

11501

Mineola

April 28, 2020

7th

6th July 2021

1

3098.00

X

50.00

75.00

203

1

July 2020

X

500.00

X

Richard Silverman, Terri Silverman

FRG Arbor LLC

140 Old

Country Road

Bank Of America

X

Blue Moon eSignature Services Document ID: 216057331

© 2019, National Apartment Association, Inc. - 6/2019, New York Page 2 of 8 8. INSURANCE. We do not maintain insurance to cover your personal property or personal injury. We are not responsible to any tenant, guest, or occupant for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other tenants, occupants, or invited/uninvited guests or vandalism unless otherwise required by law.

In addition, we urge all Tenants, and particularly those residing in coastal areas, areas near rivers, and areas prone to flooding, to obtain flood insurance. Renter’s insurance may not cover damage to your property due to flooding. A flood insurance resource which may be available includes the National Flood Insurance Program managed by the Federal Emergency Management Agency (FEMA). We urge you to get your own insurance for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like.

Additionally, you are [check one] required to purchase personal liability insurance not required to purchase personal liability insurance. If no box is checked, personal liability insurance is not required. If required, failure to maintain personal liability insurance throughout your tenancy, including any renewal periods and/or lease extensions is a substantial breach of this Lease and may result in the termination of tenancy and eviction and/or any other remedies as provided by this Lease or state law.

9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the prior tenant moves out. The rekeying will be done before you move into your apartment.

You may at any time ask us to change or rekey locks or latches during the Lease Term. We must comply with those requests, but you must pay for them, unless otherwise provided by law.

Payment for Rekeying, Repairs, Etc. You must pay for all repairs or replacements arising from misuse or damage to devices by you or your occupants, or guests during your occupancy. You may be required to pay in advance if we notify you within a reasonable time after your request that you are more than 30 days delinquent in reimbursing us for repairing or replacing a device which was misused or damaged by you, your guest or an occupant; or if you have requested that we repair or change or rekey the same device during the 30 days preceding your request and we have complied with your request. Otherwise, you must pay immediately after the work is completed.

10. SPECIAL PROVISIONS. The following special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Lease and will supersede any conflicting provisions of this printed lease form.

If this Lease is for a Rent Stabilized apartment, we may increase the legal regulated rent during the term of this Lease pursuant to an order issued by the NYS Division of Housing and Community Renewal, pursuant to Section 2522.4 of the Rent Stabilization Code for a “Major Capital Improvement”.

See any additional special provisions.

11. EARLY MOVE-OUT. You’ll be liable to us for a reletting charge of

$ (not to exceed 100% of the highest monthly rent

during the lease term) if you:

(1) fail to give written move-out notice as required in paragraphs 23 (Military Personnel Clause) or 37 (Move-Out Notice); or

(2) move out without paying rent in full for the entire lease term or renewal period; or

(3) move out at our demand because of your default; or

(4) are judicially evicted.

The reletting charge is not a cancellation fee and does not release you from your obligations under this Lease.

Not a Release. The reletting charge is not a Lease cancellation fee or buyout fee. It is an agreed-to liquidated amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement tenant. These damages are uncertain and difficult to ascertain—particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking prospects, office overhead, marketing costs, and locator-service fees. You agree that the reletting charge is a reasonable estimate of such damages and that the charge is due whether or not our reletting attempts succeed. If no amount is stipulated, you must pay our actual reletting costs so far as they can be determined. The reletting charge does not release you from continued liability for: future or past-due rent; charges for cleaning, repairing, repainting, or unreturned keys; or other sums due. 12. REIMBURSEMENT. You must promptly reimburse us for loss, damage, government fines, or cost of repairs or service in the apartment community due to a violation of the Lease or rules, improper use, or negligence or willful acts or omissions by you or your guests or occupants. Unless the damage or wastewater stoppage is due to our negligence, we’re not liable for—and you must pay for—repairs, replacement costs, and damage to the following that result from your or your invitees, guests, or occupants’ negligence or intentional acts: (1) damage to doors, windows, or screens; (2) damage from windows or doors left open; and (3) damage from wastewater stoppages caused by improper objects in wastewater lines exclusively serving your apartment. We may require payment at any time, including advance payment of repairs for which you’re liable. Delay in demanding sums you owe is not a waiver. All said sums shall be considered additional rent.

13. PROPERTY LEFT IN APARTMENT. “Apartment” excludes common areas but includes interior living areas and exterior patios, balconies, attached garages, and storerooms for your exclusive use. Removal After We Exercise Our Rights for Non-Payment of Rent or Abandonment. If your rent is delinquent or you have abandoned the Apartment, our representative may peacefully enter the Apartment and remove your property, subject to procedures required by applicable law. We’re not liable for casualty loss, damage or theft for property removed or stored under this section. 14. FAILING TO PAY FIRST MONTH’S RENT. If you don’t pay the first month’s rent when or before the Lease begins, all future rent will be automatically accelerated without notice and immediately due. We also may end your right of occupancy and recover damages, future rent, reletting charges, reasonable attorney’s fees, court costs, and other lawful charges. Our rights and remedies under paragraphs 11 (Early Move-Out) and 32 (Default by Tenant) apply to acceleration under this paragraph.

15. RENT INCREASES AND LEASE CHANGES. No rent increases or Lease changes are allowed before the initial Lease term ends, except for changes allowed by any special provisions in paragraph 10

(Special Provisions), by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules allowed under paragraph 18 (Community Policies or Rules) or as otherwise permitted, or provided, under applicable law.

16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for construction, repairs, cleaning, or a previous tenant’s holding over, we’re not responsible for the delay. The Lease will remain in force subject to: (1) abatement of rent on a daily basis during delay; and

(2) your right to terminate as set forth below. Termination notice must be in writing. After termination, you are entitled only to refund of deposit(s) and any rent paid. Rent abatement or Lease termination does not apply if delay is for cleaning or repairs that don’t prevent you from occupying the Apartment.

If there is a delay and we haven’t given notice of delay as set forth immediately below, you may terminate up to the date when the apartment is ready for occupancy, but not later.

(1) If we give written notice to you after the initial term as set forth in paragraph 3 (Lease Term)—and the notice states that occupancy has been delayed because of construction or a previous tenant’s holding over, and that the apartment will be ready on a specific date—you may terminate the Lease within 3 days of your receiving the notice, but not later.

(2) If we give written notice to you before the initial term as set forth in paragraph 3 (Lease Term) and the notice states that construction delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease within 7 days after you receive such written notice, but not later. The readiness date is considered the commencement date of the new initial term as set forth in paragraph 3 (Lease Term) for all purposes. This new date may not be moved to an earlier date unless we and you agree. This paragraph shall be deemed to be “an express provision to the contrary” as provided in New York State Real Property Law (“RPL”) Section 223-a. 17. DISCLOSURE RIGHTS. If someone requests information on you or your rental history for law-enforcement, governmental, or business purposes, we may provide it.

Special Provisions and “What If” Clauses

80% of flooring must be covered with sound

reducing material. Waived Renewal Amenity

Charge.

X

3098.00

Blue Moon eSignature Services Document ID: 216057331

© 2019, National Apartment Association, Inc. - 6/2019, New York Page 3 of 8 18. COMMUNITY POLICIES OR RULES. You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of this Lease. We may make reasonable changes to written rules, effective immediately, if they are distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of this Lease.

19. LIMITATIONS ON CONDUCT. The apartment and other areas reserved for your private use must be kept clean and free of trash, garbage, and other debris. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances. Passageways may be used only for entry or exit. You agree to keep all passageways and common areas free of obstructions such as trash, storage items, and all forms of personal property. No person shall ride or allow bikes, skateboards, or other similar objects in the passageways. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must be used with care in accordance with apartment rules and posted signs. Glass containers are prohibited in all common areas. You, your occupants, or guests may not anywhere in the apartment community: use candles or use kerosene lamps or kerosene heaters without our prior written approval; cook on balconies or outside; or solicit business or contributions. Unless permitted by law conducting any kind of business in your apartment or in the apartment community is prohibited. You are responsible for the actions and behavior of your guests and the violation of the rules and regulations by your guests is attributable to you and you will be considered in violation of the terms and conditions of this Lease. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery persons; and (3) recreational activities in common areas. You’ll be liable to us for damage caused by you or any guests or occupants. You may not permit any window in the apartment to be cleaned from the outside in violation of Section 202 of the NYS Labor Law.

We may exclude from the apartment community guests or others who, in our judgment, have been violating the law, violating this Lease or any apartment rules, or disturbing other tenants, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area a person who refuses to show photo identification or refuses to identify himself or herself as a tenant, occupant, or guest of a specific tenant in the community. You agree to notify us if you or any occupants are convicted of any crime involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers as a sex offender in any state. Informing us of criminal convictions or sex offender registry does not waive our right to evict you.

20. PROHIBITED CONDUCT. A. You, your occupants or guests, or the guests of any occupants, may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or injuring our reputation by making bad faith allegations against us to others. B. You may not engage in a persistent and continuing course of conduct evidencing an unreasonable or unlawful use of the property to the annoyance, inconvenience, discomfort or damage of others, the primary purpose of which is intended to harass the owner or other tenants or occupants of the property or adjacent property by interfering substantially with their comfort or safety. 21. PARKING. We may regulate the time, manner, and place of parking all cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles by anyone. We may have unauthorized or illegally parked vehicles towed under an appropriate statute. A vehicle is unauthorized or illegally parked in the apartment community if it:

(1) has a flat tire or other condition rendering it inoperable; or

(2) is on jacks, blocks or has wheel(s) missing; or

(3) has no current license plate or no current registration and/or inspection sticker; or

(4) takes up more than one parking space; or

(5) belongs to a tenant or occupant who has surrendered or abandoned the apartment; or

(6) is parked in a marked handicap space without the legally required handicap insignia; or

(7) is parked in space marked for manager, staff, or guest at the office; or

(8) blocks another vehicle from exiting; or

(9) is parked in a fire lane or designated “no parking” area; or

(10) is parked in a space marked for other tenant(s) or unit(s); or

(11) is parked on the grass, sidewalk, or patio; or

(12) blocks garbage trucks from access to a dumpster; or

(13) belongs to a tenant and is parked in a visitor or retail parking space.

22. A. R ELEASE OF TENANT. Unless you’re entitled to terminate your tenancy under paragraphs 10, 16, 23, 31, or 38, you won’t be released from this Lease for any reason—including but not limited to voluntary or involuntary school withdrawal or transfer, voluntary or involuntary job transfer, marriage, separation, divorce, reconciliation, loss of co-tenants, loss of employment, bad health, or death.

B. SENIOR CITIZEN EARLY TERMINATION. You may terminate your lease if you are a senior citizen and are permanently relocating to a subsidized senior citizen housing facility, subsidized assisted living or a nursing home. You must give us a minimum of thirty (30) days or one complete pay period advance notice and provide us with proof of acceptance in the new facility. You must pay all rent and additional rent up to the date you remove from the premises. This paragraph is subject to the provisions of NY RPL Sec. 227-a.

23. MILITARY PERSONNEL CLAUSE. You may terminate your tenancy if you enlist or are drafted or commissioned and on active duty in the U.S. Armed Forces. You also may terminate your tenancy if:

(1) you are (i) a member of the U.S. Armed Forces or reserves on active duty or (ii) a member of the National Guard called to active duty for more than 30 days in response to a national emergency declared by the President; and

(2) you (i) receive orders for permanent change-of-station, (ii) receive orders to deploy with a military unit or as an individual in support of a military operation for 90 days or more, or (iii) are relieved or released from active duty.

After you deliver to us your written termination notice, your tenancy will be terminated under this military clause 30 days after the date on which your next rental payment is due. You must furnish us a copy of your military orders, such as permanent change-of-station orders, call-up orders, or deployment orders or written notification from your commanding officer. Military permission for base housing does not constitute change-of-station order. After you move out, we’ll return your security deposit, less lawful deductions. For the purposes of this Lease, orders described in (2) above will only release the tenant who qualifies under (1) and (2) above and receives the orders during the Lease term and such tenant’s spouse or legal dependents living in the tenant’s household. A co-tenant who is not your spouse or dependent cannot terminate under this military clause. Unless you state otherwise in paragraph 10 (Special Provisions), you represent when signing this Lease that: (1) you do not already have deployment or change-of-station orders; (2) you will not be retiring from the military during the Lease term; and

(3) the term of your enlistment or obligation will not end before the Lease term ends. Even if you are entitled to terminate your tenancy under this paragraph, liquidated damages for making a false representation of the above will be the amount of unpaid rent for the remainder of the lease term when and if you move out, less rents from others received in mitigation under paragraph 32 (Default by Tenant). You must immediately notify us if you are called to active duty or receive deployment or permanent change-of-station orders. 24. TENANT SAFETY AND PROPERTY LOSS. You and all occupants and guests must exercise due care for your own and others’ safety and security, especially in the use of smoke or carbon monoxide detectors, keyed deadbolt locks, keyless bolting devices, window latches, and access control devices.

Smoke and Carbon Monoxide Detectors. We’ll furnish smoke and carbon monoxide detectors as required by statute, and we’ll test them and provide working batteries when you first take possession. After that, you must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector and carbon monoxide detector malfunctions to us. Neither you nor others may disable the While You’re Living in the Apartment

Blue Moon eSignature Services Document ID: 216057331

© 2019, National Apartment Association, Inc. - 6/2019, New York Page 4 of 8 smoke detectors nor the carbon monoxide detectors. If you damage or disable the smoke detector or carbon monoxide detector or remove a battery without replacing it with a working battery, you may be liable to us for $100 plus one month’s rent, actual damages, and attorney’s fees. If you disable or damage the smoke detector or the carbon monoxide detector, or fail to replace a dead battery or report malfunctions to us, you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water. Casualty Loss. We’re not liable to any tenant, guest, or occupant for personal injury or damage or loss of personal property from any cause, including but not limited to: fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless otherwise required by law. We have no duty to remove any ice, sleet, or snow but may remove any amount with or without notice, except as otherwise provided by law. If you have the ability to control the heat, during freezing weather, you must ensure that the temperature in the apartment is warm enough to ensure that the pipes do not freeze

(we suggest at least 50 degrees). If the pipes freeze or any other damage is caused by your failure to properly maintain the heat in your apartment, you’ll be liable for damage to our and other’s property. If you ask our representatives to perform services not contemplated in this Lease, you will indemnify us and hold us harmless from all liability for those services.

Crime or Emergency. Dial 911 or immediately call local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity, or other emergency involving imminent harm. You should then contact our representative. We’re not obliged to furnish security personnel, security lighting, security gates or fences, or other forms of security. If we provide any access control devices or security measures upon the property, they are not a guarantee to prevent crime or to reduce the risk of crime on the property. You agree that no access control or security measures can eliminate all crime and that you will not rely upon any provided access control or security measures as a warranty or guarantee of any kind. We’re not responsible for obtaining criminal-history checks on any tenants, occupants, guests, or contractors in the apartment community. If you or any occupant or guest is affected by a crime, you must make a written report to our representative and to the appropriate local law-enforcement agency. You also must furnish us with the law-enforcement agency’s incident report number upon request.

Fire and Casualty.

A. If the Apartment becomes unusable, in part or totally, because of fire, accident or other casualty, this Lease will continue unless ended by Owner under C below or by you under D below. But the rent will be reduced immediately. This reduction will be based upon the part of the Apartment which is unusable.

B. Owner will repair and restore the Apartment, unless Owner decides to take actions described in paragraph C below. C. After a fire, accident or other casualty in the Building, Owner may decide to tear down the Building or to substantially rebuild it. In such case, Owner need not restore the Apartment but may end this Lease. Owner may do this whether or not the Apartment has been damaged, by giving you written notice of this decision within 30 days after the date when the damage occurred. If the Apartment is usable when Owner gives you such notice, this Lease will end 60 days from the last day of the calendar month in which you were given the notice and if the apartment is not usable, this lease shall end ten (10) days after you are given such notice. D. If the Apartment is completely unusable because of fire, accident or other casualty and it is not repaired in 30 days, you may give Owner written notice that you end the Lease. If you give that notice, this Lease is considered ended on the day that the fire, accident or casualty occurred. Owner will refund your security deposit and pro-rate the portion of rents paid for the month in which the casualty happened.

E. Unless prohibited by the applicable insurance policies, to the extent that such insurance is collected, you and Owner release and waive all right of recovery against the other or anyone claiming through or under each by way subrogation. F. This paragraph replaces the provision of Real Property Law §227 and shall be deemed an express agreement to the contrary as contemplated therein.

25. CONDITION OF THE PREMISES AND ALTERATIONS. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You’ll be given an Inventory and Condition form on or before move-in. You must note on the form all defects or damage and return it to our representative. Otherwise, everything will be considered to be in a clean, safe, and good working condition.

You must use customary diligence in maintaining the apartment and not damaging or littering the common areas. Unless

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