Form HPA-31A (E) "Living in Communities (Linc) I, II, IV, and V Programs Landlord Statement of Understanding" - New York City

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This is a legal form that was released by the New York City Department of Social Services - a government authority operating within New York City. As of today, no separate filing guidelines for the form are provided by the issuing department.

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  • Released on April 10, 2018;
  • The latest edition provided by the New York City Department of Social Services;
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HPA-31a (E) 04/10/2018 (page 1 of 6) LLF
LIVING IN COMMUNITIES (LINC) I, II, IV AND V PROGRAMS
LANDLORD STATEMENT OF UNDERSTANDING
Landlord Name:
Under the LIVING IN COMMUNITIES (LINC) Program (“Program”), the City of New York (“City”)
pays directly to landlords a portion of the monthly rent for apartments (“LINC Rent Payment”) on
behalf of the eligible LINC Program client (“Program Tenant”). The Program Tenant is responsible
for payment to me, the Landlord, of a monthly rent contribution to cover the remaining portion of
the rent under the Lease and Rider not covered by the LINC Rent Payment and a Public
Assistance shelter allowance, if any.
As a condition of my participation in the LINC Program, I make the following commitments:
1. I understand that I will sign a one-year Lease and a LINC Standard Lease Rider in the form
annexed as Exhibit A, that I am expressly prohibited from charging my Program Tenant any
amount above the rent or fees stipulated in the Lease or Rider for the entire period of the Lease,
regardless of changes in the Program Tenant’s family composition, and that “side deals” are
specifically prohibited. I understand that if I do not honor this commitment, in addition to any
remedies the Program Tenant may have, the City will have the right to bar me from any further
participation in any City rental assistance program. I understand that remedies available to the
Program Tenant may include the right to recover damages and, if the lease is for a rent-
stabilized apartment, the Program Tenant may be entitled to treble damages.
2. I understand that I am solely responsible for providing heat and hot water at no additional cost to
the Program Tenant, notwithstanding any provisions indicated in the Lease, and notwithstanding
the installation of separate unit-based heating or hot water units in the Apartment.
3. I agree to provide the Program Tenant with keys to the Apartment at the time of the lease
signing.
4. I understand that the Program Tenant is responsible for contributing an amount determined by
the City towards the monthly rent and payment of that amount to me, the Landlord, on a monthly
basis and that this amount will remain the same for the term of the lease. In the event of renewal
of the Lease for subsequent years, the Program Tenant’s monthly contribution amount and the
LINC Rent Payment will also be adjusted per the terms of the Program, and the Landlord will be
so notified. In the event that the Program Tenant is not renewed for a second year or any
subsequent year in the Program, the Landlord will also be so notified.
5. I understand that if the Program Tenant leaves the Apartment due to an eviction or move, I,
the Landlord, will notify the City by writing to LINC Rental Assistance Programs, 150 Greenwich
Street, 36th Floor, New York, NY 10007 within five (5) business days and will return any
pre-paid LINC Rent Payments to the City.
6. I understand that if any legal proceeding is commenced affecting the LINC Program tenancy or
the Lease Rider, I, the Landlord, must provide written notice of the legal proceeding within five
(5) business days of the occurrence of said event. Written notice of said event must be sent to
LINC Rental Assistance Programs, 150 Greenwich Street, 36th Floor, New York, NY 10007.
HPA-31a (E) 04/10/2018 (page 1 of 6) LLF
LIVING IN COMMUNITIES (LINC) I, II, IV AND V PROGRAMS
LANDLORD STATEMENT OF UNDERSTANDING
Landlord Name:
Under the LIVING IN COMMUNITIES (LINC) Program (“Program”), the City of New York (“City”)
pays directly to landlords a portion of the monthly rent for apartments (“LINC Rent Payment”) on
behalf of the eligible LINC Program client (“Program Tenant”). The Program Tenant is responsible
for payment to me, the Landlord, of a monthly rent contribution to cover the remaining portion of
the rent under the Lease and Rider not covered by the LINC Rent Payment and a Public
Assistance shelter allowance, if any.
As a condition of my participation in the LINC Program, I make the following commitments:
1. I understand that I will sign a one-year Lease and a LINC Standard Lease Rider in the form
annexed as Exhibit A, that I am expressly prohibited from charging my Program Tenant any
amount above the rent or fees stipulated in the Lease or Rider for the entire period of the Lease,
regardless of changes in the Program Tenant’s family composition, and that “side deals” are
specifically prohibited. I understand that if I do not honor this commitment, in addition to any
remedies the Program Tenant may have, the City will have the right to bar me from any further
participation in any City rental assistance program. I understand that remedies available to the
Program Tenant may include the right to recover damages and, if the lease is for a rent-
stabilized apartment, the Program Tenant may be entitled to treble damages.
2. I understand that I am solely responsible for providing heat and hot water at no additional cost to
the Program Tenant, notwithstanding any provisions indicated in the Lease, and notwithstanding
the installation of separate unit-based heating or hot water units in the Apartment.
3. I agree to provide the Program Tenant with keys to the Apartment at the time of the lease
signing.
4. I understand that the Program Tenant is responsible for contributing an amount determined by
the City towards the monthly rent and payment of that amount to me, the Landlord, on a monthly
basis and that this amount will remain the same for the term of the lease. In the event of renewal
of the Lease for subsequent years, the Program Tenant’s monthly contribution amount and the
LINC Rent Payment will also be adjusted per the terms of the Program, and the Landlord will be
so notified. In the event that the Program Tenant is not renewed for a second year or any
subsequent year in the Program, the Landlord will also be so notified.
5. I understand that if the Program Tenant leaves the Apartment due to an eviction or move, I,
the Landlord, will notify the City by writing to LINC Rental Assistance Programs, 150 Greenwich
Street, 36th Floor, New York, NY 10007 within five (5) business days and will return any
pre-paid LINC Rent Payments to the City.
6. I understand that if any legal proceeding is commenced affecting the LINC Program tenancy or
the Lease Rider, I, the Landlord, must provide written notice of the legal proceeding within five
(5) business days of the occurrence of said event. Written notice of said event must be sent to
LINC Rental Assistance Programs, 150 Greenwich Street, 36th Floor, New York, NY 10007.
HPA-31a (E) 04/10/2018 (page 2 of 6)
Human Resources Administration
LLF
Homelessness Prevention Administration
7. I warrant and represent that if the Apartment is subject to Rent Stabilization, or any other legal
restriction on the amount of rent that may be lawfully charged (such as in Mitchell-Lama
housing), the rent provided in the Lease and Rider does not exceed the lawful rent. I agree that
in the event the rent is greater than the lawful rent, the Lease and Rider shall be amended to
reflect the lawful rent without further action by me or the Program Tenant, and the City shall
lower the LINC Rent Payment so that the full rent payable will not exceed the lawful rent. I also
agree that the City may deduct from any LINC Rent Payments due to me, or to become due to
me, any payments made in excess of the lawful rent.
8. I understand that if the Program Tenant terminates the Lease because I have materially violated
the Lease or Rider, or obtains a money judgment against me directing me to disgorge any
payments or other consideration I received for the Apartment, the City shall have the right to
recoup any security deposit payments and/or pre-paid LINC Rent Payments made to me, and to
bar me from any further participation in any City rental assistance program.
9. I understand that I must promptly notify the City if the landlord, owner of the subject premises, or
the management company for the premises changes by writing LINC Rental Assistance
Programs, 150 Greenwich Street, 36th Floor, New York, NY 10007.
10. I understand that I will promptly return to the City any overpayments, or any monies paid in error
or made as a result of inaccurate, misleading or incomplete information submitted by me in
connection with the LINC Program or as a result of my failure to comply with my obligations
under this Landlord Statement of Understanding. Without limiting any of the City’s remedies, I
further understand that any rent overpayments made by the City may be recouped from
subsequent LINC Rent Payments on behalf of the Program Tenant that may otherwise be due.
11. I understand that if uncashed rent checks become invalid, it is my responsibility to satisfy any of
the City of New York’s requirements for their reissuance.
12. I will cooperate fully with the City in its administration of the LINC Program.
13. I understand that the City is implementing the LINC Program in order to provide assistance to
eligible individuals, including rental assistance of specified amounts, but that the Program is
subject to and contingent upon funding appropriations. I further understand that the City is not
providing a payment guarantee of any kind to any person or entity and is not entering into any
contract or lease with, nor making any promise to, me, the Program Tenant, or any other person
or entity in connection with the Program.
Required Signature
I have read and understand my obligations under this Landlord Statement of Understanding.
Date
Landlord’s Signature
HPA-31a (E) 04/10/2018 (page 3 of 6)
Human Resources Administration
LLF
Homelessness Prevention Administration
EXHIBIT A TO LANDLORD STATEMENT OF UNDERSTANDING
STANDARD LINC LEASE RIDER
HPA-31a (E) 04/10/2018 (page 4 of 6)
Human Resources Administration
LLF
Homelessness Prevention Administration
LINC I, II, IV AND V PROGRAMS
RIDER TO APARTMENT LEASE
Rider to Apartment Lease between
and
(Landlord)
(Program Tenant)
1. Landlord and Program Tenant agree that in the event of any conflict between the provisions of
this Rider and the WRITTEN apartment lease (“Lease”), the provisions of this Rider shall
prevail. Collateral agreements pertaining to the Lease and this Rider shall not be valid, shall
have no legal effect on the Lease and this Rider and are not legally enforceable.
2. Program Tenant agrees that as a participant in the LINC Program (“Program”), Program Tenant
authorizes the City of New York (“City”) to pay a portion of the Program Tenant’s monthly rent
(over and above the Program Tenant’s monthly rent contribution) directly to Landlord (“LINC
Rent Payment”).
3. Landlord acknowledges that the LINC Rent Payment is subject to all applicable rules and
requirements of the LINC Program.
4. If Landlord materially violates the Lease or this Rider, such material violation shall be grounds
for Program Tenant to terminate the Lease.
5. Landlord agrees that he/she shall not demand, request, or receive any payments or other
consideration from Program Tenant, or any member of Program Tenant’s household or any
other public or private source, for the LINC Program Dwelling Unit (“Apartment”) beyond that
authorized in the Lease and this Rider, notwithstanding any written or oral agreement to modify
any provisions of the Lease and this Rider. A violation of this paragraph five (5) shall be deemed
a material violation of the Lease and this Rider. Landlord understands that in the event of any
breach of this provision, in addition to any remedies Program Tenant may have, the City shall
have the right to bar Landlord from further participation in any City rental assistance program.
Remedies available to the Program Tenant may include the right to recover damages and, if the
lease is for a rent-stabilized apartment, the Program Tenant may be entitled to treble damages.
6. If Program Tenant terminates the Lease because of Landlord’s material violation of the Lease or
this Rider, or obtains a money judgment against the Landlord directing Landlord to disgorge
payments or other consideration for the Apartment in excess of the Program Tenant’s monthly
rent contribution authorized in the Lease and this Rider, the City shall have the right to recoup
any security deposit payments and/or pre-paid LINC Rent Payments made to the Landlord, and
to bar Landlord from further participation in any City rental assistance program.
7. Landlord shall supply (a) heat as required by law and agreed to under this Rider, and (b) hot
and cold water for the Apartment’s bathroom(s) and kitchen sink. Program Tenant may enforce
his/her rights under the warranty for habitability under the terms of the Lease, this Rider and
applicable laws. Landlord agrees that heat and hot water are the Landlord’s obligations to pay,
notwithstanding any provisions indicated in the Lease, and notwithstanding the installation of
separate unit-based heating or hot water units in the Apartment. Failure by Landlord to pay heat
and hot water costs shall be deemed a material violation of the Lease and this Rider.
HPA-31a (E) 04/10/2018 (page 5 of 6)
Human Resources Administration
LLF
Homelessness Prevention Administration
8. Landlord represents that Landlord
has complied or
will comply
______________
______________
(initial as appropriate)
(initial as appropriate)
with the applicable provisions of the New York City Childhood Lead Poisoning Prevention Act,
New York City Local Law 1 of 2004 including, but not limited to, performing the turnover
requirements mandated by NYC Administrative Code 27-2056.8.
.
______________
(initial here)
Landlord agrees that, upon Program Tenant’s request, Landlord will provide Program Tenant
with the documents demonstrating that Landlord has performed the above-referenced turnover
requirements (“turnover documents”), for the Apartment.
9. Program Tenant acknowledges that he/she may request turnover documents from Landlord
.
______________
(initial here)
10. Landlord represents that Landlord
has provided or
will provide
______________
______________
(initial as appropriate)
(initial as appropriate)
Program Tenant with (a) the NYC Administrative Code 17-179(b) pamphlet prepared by the
New York City Department of Health and Mental Hygiene that explains the hazards associated
with lead-based paint, and (b) the written results of the investigation of Program Tenant’s
Apartment mandated by NYC Administrative Code 27-2056.4(a).
11. Landlord represents that Landlord
has complied or
will comply
______________
______________
(initial as appropriate)
(initial as appropriate)
with the applicable provisions of 40 Code of Federal Regulations Part 745 including, but not
limited to, providing Program Tenant with (a) an EPA- approved lead-based paint hazard
information pamphlet, and (b) any records or reports available to the Landlord pertaining to
lead-based paint and/or lead-based paint and/or lead-based paint hazards in Program Tenant’s
Apartment.
12. Landlord affirms and declares that Landlord is not in default of any obligation to the City
including, but not limited to, taxes, assessments, water rates and sewer rents, which have been
levied against Landlord or the premises or any property owned by Landlord.
13. Landlord affirms the property in which the Apartment is located has not been foreclosed
upon, and that if any foreclosure proceedings are pending, Landlord has represented that
fact to the City.
14. The LINC Rent Payment and Program Tenant’s monthly rent contribution must be paid once per
month, except for any portion of the Program Tenant’s rent contribution that is covered by
Program Tenant’s Public Assistance shelter allowance, which will be paid by the City directly to
the Landlord in two installments per month, if and so long as the Program Tenant is entitled to a
shelter allowance. Landlord need not provide notice for Program Tenant to pay the rent, or for
the City to make a LINC Rent Payment. Rent must be paid in full without deduction. A pro-rated
share of the current month’s rent, the entire rent for the first full month (unless the tenant has a
contribution), the LINC Rent Payments for the next three months’ rent, a security deposit
voucher equal to one month’s rent, and broker’s fee (if applicable) will be provided when the
Lease and this Rider are executed.
15. Landlord represents that the Apartment (check one):
is subject to Rent Stabilization
is not subject to Rent Stabilization
is subject to other legal restriction on the amount of rent to be charged
.
______________
(initial here)
Page of 6