What You Can Do Now To Protect Your Family

Transcription

1 438 What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some Immediate steps to reduce your family's risk: + If you rent, notify your landlord of peeling or chipping paint. + Clean up paint chips immediately. + Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. + Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. + Wash children's hands often, especial ly before they eat and before nap time and bed time. + Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. + Keep children from chewing window sills or other painted surfaces. + Clean or remove shoes before entering your home to avoid tracking in lead from soil. + Make sure children eat nutritious, low.fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. )' ' ' i ~~q~.: 7

2 439 Reducing Lead Hazards In The Home Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safely. 8 In addition to day-to-day cleaning and good nutrition: + You can temporarily reduce lead hazards by taking actions such as repairing damaged painted surf aces and planting grass to cover soil with high lead levels. These actions (called "interim controls"} are not permanent solutions and will need ongoing attention. + To permanently remove lead hazards, you should hire a certified lead "abatement" contractor. Abatement (or permanent hazard elimination} methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent removal. Always hire a person with special training for correcting lead problems-someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Once the work is completed, dust cleanup activities must be repeated until testing indicates that lead dust levels are below the following: + 40 micrograms per square foot (µg!ftz) for floors, including carpeted floors; µg!ftl for interior windows sills; and µg!ftl for window troughs. Call your state or local agency (see bottom of page 11 } for help in locating certified professionals in your area and to see if financial assistance is available.

3 440 Remodeling or Renovating a Home With Lead-Based Paint Take precautions before your contractor or you begin remodeling or renovating anything that disturbs painted surf aces (such as scraping off paint or tearing out walls): + Have the area tested for lead-based paint. + Do not use a belt-sander, propane torch, high temperature heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. + Temporarily move your family (especially children and pregnant women) out of the apartment or house until the work is done and the area is properly cleaned. If you can't move your family, at least completely seal off the work area. + follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations. If you have already completed renovations or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure. If not conducted properly, certain types of renovations can release lead from paint and dust into the air. 9

4 441 Other Sources of Lead While paint, dust, and soil are the most common sources of lead, other lead sources also exist. + Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: Use only cold water for drinking and cooking. Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. + The Job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. + Old painted toys and furniture. + food and liquids stored in lead crystal or lead-glazed pottery or porcelain. + Lead smelters or other industries that release lead into the air. + Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. + folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach. 10

5 442 for More Information The National Lead Information Center Call LEAD ( ) to learn how to protect children from lead poisoning and for other information on lead hazards. To access lead information via the web, visit and EPA:s Safe Drinking Water Hotline Call t for information about lead in drinking water. -- Consumer Product Safety Commission (CPSC) Hotline To request information on lead in consumer products, or to report an unsafe consumer product or a product-related injury call t , or visit CPSCs Web site at: Health and Environmental Agencies Some cities, states, and tribes have their own rules for lead-based paint activities. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your local contacts on the Internet at or contact the National Lead Information Center at LEAD. For the hearing impaired, call the Federal Information Relay Service at to access any of the phone numbers in this brochure. 1 1

6 443 EPA Regional Offices Your Regional EPA Office can provide further information regarding regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) U.S. EPA Region l Suite l l 00 (CPT) One Congress Street Boston, MA l (888) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) U.S. EPA Region Woodbridge Avenue Building 209, Mail Stop 225 Edison, NJ (732} Region 3 (Delaware, Maryland, Pennsylvania, Virginia, Washington DC, West Virginia) U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia, PA (215) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) U.S. EPA Region 4 61 Forsyth Street, SW Atlanta, GA (404) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin} U.S. EPA Region 5 (DT-8]} 77 West Jackson Boulevard Chicago, IL (312) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) U.S. EPA Region Ross Avenue, 12th Floor Dallas, TX (214) Region 7 (Iowa, Kansas, Missouri, Nebraska} U.S. EPA Region 7 (ARID-RALi) 901 N. 5th Street Kansas City, KS 6610 l (913) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, \\yarning) U.S. EPA Region th Street, Suite 500 Denver, CO (303) Region 9 (Arizona, California, Hawaii, Nevada) U.S. Region 9 75 Hawthorne Street San Francisco, CA (415} Region 10 (Alaska, Idaho, Oregon, Washington) U.S. EPA Region 10 Toxics Section WCM Sixth Avenue Seattle, WA (206)

7 444 CPSC Regional Offices regard- Your Regional CPSC Office can provide further information ing regulations and consumer product safety. Eastern Regional Center Consumer Product Safety Commission 201 Varick Street, Room 903 New York, NY (212} Western Regional Center Consumer Product Safety Commission 1301 Clay Street, Suite 610-N Oakland, CA (510) Central Regional Center Consumer Product Safety Commission 230 South Dearborn Street, Room 2944 Chicago, IL (312) HUD Lead Office Please contact HUD's Office of Healthy Homes and Lead Hazard Control for information on lead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Healthy Homes and Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC (202) This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U.S. EPA Washington DC U.S. CPSC Washington DC U.S. HUD Washington DC EPA747-K June

8 445 EXHIBIT "16" SECTION 339-kk OF THE REAL PROPERTY LAW

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10 447 NEW YORK REAL PROPERTY LAW 339-kk 339-kk. Rents. (a) For the purposes of this section, "non-occupying owner" shall mean a unit owner in a condominium association who does not occupy the dwelling unit. (b) If a non-occupying owner rents any dwelling unit to a rental tenant and then fails to make payments due for Common Charges, assessments or late fees for such unit within sixty days of the expiration of any grace period after they are due, upon notice in accordance with subdivision (c) of this section, all rental payments from the tenant shall be directly payable to the condominium association. (c) If the Common Charges, assessments or late fees due for any unit have not been paid in full, within sixty days after the expiration of any grace period of the earliest due date, the board of managers shall provide written notice to the tenant and the non-occupying owner providing that, commencing immediately and until such time as all payments for Common Charges, assessments or late fees are made current, all rental payments due subsequent to the issuance of such notice are to be made payable to the condominium association at the address listed on the notice. Where a majority of the board of managers have been elected by and from among the unit owners who are in occupancy, the board may elect not to require that rental payments be made payable to the condominium association. At such time as payments for Common Charges, assessments and late fees from the non-occupying owner are once again current, notice of such fact shall be given within three business days to the rental tenant and non-occupying owner. Thereafter all rental payments shall be made payable to the non-occupying owner or a designated agent. A non-occupying owner who disputes the association's claim to rental payments pursuant to this section shall be entitled to present facts supporting such owner's position at the next scheduled meeting of the board of managers, which must be held within thirty days of the date that such board receives noticethat such owner seeks to dispute such claim. (d) Nothing in this section shall limit any rights of unit owners or of the board of managers existing under any other law or agreement. (e) Payment by a rental tenant to the condominium association made in connection with this section shall relieve that rental tenant from the obligation to pay such rent to the non-occupying owner and shall be an absolute defense in any non-payment proceeding commenced by such non-occupying owner against such tenant for such rent. HISTORY: Add, L 1998, ch 422, 3, eff July 22, 1998 (see 1998 note below). EDITOR'S NOTES: Laws 1998, ch 422, 4, 5, eff July 22, 1998, provide as follows: 4. This act may be enforced by any party by means of a special proceeding brought pursuant to article 4 of the civil practice law and rules. 5. This act shall take effect immediately, and is applicable to all cooperativecorporations and condominiums in existence on or after such date.

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12 449 EXHIBIT "17" INTERIM LEASE

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14 451 INTERIM LEASE This Agreement of INTERIM LEASE (the "Lease"), made as of the day of, between 846 6th Avenue Property Owner, L.L.C., a Delaware Limited Li ability Company ("Sponsor") and (collectively, "Purchaser"). W IT N E S S E T H: WHEREAS, Seller and Purchaser have entered into a Purchase Agreement ("Contract") for the sale of Unit _ ("Unit") in the building located 50 West 30th Street New York, New York ("Building"), commonly known as The Noma; and WHEREAS, the Unit is ready for occupancy; and WHEREAS, Purchaser is in need of housing and Seller has offered to permit Purchaser to enter into possession of the Unit in the Building prior to the closing of title on the Unit; and WHEREAS, Purchaser desires to occupy the Unit prior to closing of title on the Unit. NOW, THEREFORE, it is mutually consented and agreed as follows: 1. Letting of Premises. Seller hereby leases to Purchaser, and Purchaser hereby rents the Unit from Seller upon and subject to the terms and conditions hereinafter set forth. 2. Term. The term ("Term") of this Lease shall commence upon the date hereof and shall be a month to month lease which shall terminate on the date of closing of title to the Unit under the Contract or upon the default of the Purchaser as hereinafter set forth, whichever occurs first. Purchaser acknowledges and understands that this Lease may not be renewed or extended and that if Purchaser does not purchase the Unit as provided in the Contract, Purchaser must vacate the Unit upon the expiration or earlier termination of this Lease. In the event that Purchaser does not vacate the Unit on or before said date, Purchaser shall pay to Seller the sum of $1, per day for each day Purchaser remains in possession of the Unit beyond said date, as and for liquidated damages and that such sum may be taken out of the downpayment in the Contract. 3. Rent. The rent to be paid by Purchaser to Seller shall be the unabated real estate taxes and common charges for the Unit in the amount of $ per month, payable by Purchaser on the date the Lease is executed and on the first calendar day of each month thereafter. 4. Additional Rental. Purchaser shall be responsible, at Purchaser's sole cost and expense, for providing to the Unit all electricity, telephone, and other utilities desired by Purchaser throughout the Term, and Purchaser shall make payment therefor directly to the third party suppliers thereof as and when bills are rendered. If Seller is required to pay any charges for such utilities, Seller may bill Purchaser therefor, and the charges shall be payable by

15 452 Purchaser to Seller within three (3) business days after receipt by Purchaser from Seller of a bill therefor. All such sums shall be deemed to be additional rent under this Lease. Purchaser agrees to reimburse Seller for any such sums billed after the expiration of the Term of this Lease. 5. Seller shall allow buyer to occupy the Unit, such early possession and occupation is in no way intended to constitute a tenancy of any kind and is simply at the will of the Seller for the personal convenience of the Purchaser. 6. Use of Premises. The Unit shall be used by Purchaser only for purposes permitted under the Certificate of Occupancy and for no other purpose. The sole occupants of the Unit shall be the Purchaser and its immediate family. 7. Condition of Premises. Purchaser represents that it has made a thorough examination and inspection of the Unit and is familiar with the condition thereof. Purchaser agrees that it enters into this lease without any representations or warranties by Seller or its agents, representatives, brokers or any other person as to the present or future condition of the Unit, the appurtenances thereto or any improvements therein. Purchaser agrees to accept the Unit "as is" in its condition at the time possession is given to Purchaser, and Seller shall not be required to do any work or make any repairs, replacements or alterations therein whatsoever. 8. Indemnity. Purchaser agrees to indemnify and save Seller and its successors and assigns harmless from and against any and all claims, demands, judgments, actions, damages, expenses and costs whatever (including reasonable attorneys' fees) arising from any work or thing done in the Unit or from any act or negligence of Purchaser or any of Purchaser's agents, contractors, employees, licensees or invitees of Purchaser, or arising from any accident, injury or damage whatsoever to any person or property occurring in the Unit from and after the date hereof. Purchaser shall resist or defend any action or proceeding brought against Seller by reason of any of the above by counsel reasonably satisfactory to Seller at the sole cost and expense of Purchaser. If Purchaser fails to resist or defend the same, Seller may do so or, upon not less than five (5) days' notice to Purchaser, may settle or compromise the same, and, in such event, Purchaser shall pay Seller as additional rent hereunder all payments made by, and expenses and reasonable counsel fees of Seller. 9. Assignment and Subletting. Purchaser, for itself and its successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor sublet the Unit or any part thereof. Any attempted assignment or sublease shall be void as against Seller and shall be a default under this Lease. 10. Alteration, Surrender. (a) Purchaser shall not make any alterations or enclosures in the Unit or the Building, or any alterations or additions to the water, gas, heating, air conditioning or electrical systems or any other installment or facility in the Unit or the Building. (b) If the floors are carpeted, Purchaser shall keep the carpet clean. If the floors are made of wood or other non-carpeted material, Purchaser shall repair any scratches or nicks in the floor promptly after they have been made. Purchaser may not hammer into the walls

16 453 unless Purchaser removes the insertion and repairs the damage (including spackling and repainting) before vacating the Unit. (c) If Purchaser does not purchase the Unit for any reason, Purchaser shall surrender the Unit on the expiration date in good condition, broom clean and free of all of Purchaser's furniture, fixtures and personal belongings. Purchaser shall repair all damage caused by removal of Purchaser's property from the Unit. 11. Def a ult. Purchaser shall be in default under this Lease if Purchaser fails to perform any obligation under this Lease within ten ( 10) days after Purchaser becomes aware ( or should have become aware) that the obligation has arisen. If Purchaser shall default under the Contract, Purchaser shall also be in default under this Lease. If Purchaser is in default, Seller may take any or all of the following actions: (i) Seller may retain the full amount of the Down Payment under the Contract as liquidated damages; (ii) Seller may cure Purchaser's default on Purchaser's behalf and add the cost of cure to the next installment of Rent; (iii) Seller may terminate this Lease on thirty (30) days notice and remove Purchaser, by force or otherwise, from the Unit, and (iv) Seller may take any other action at law or in equity in order to enforce Seller's rights and cure Purchaser's default under this Lease. All costs of enforcing Seller's rights under this section, including reasonable attorneys' fees and disbursements, shall be deemed additional rent. Notwithstanding any action taken by Seller, Purchaser will remain liable for the performance of its obligations under this Lease. In the event of a default by Purchaser hereunder, Purchaser shall be considered in default under the Contract as well and Seller is entitled to such remedies as are provided for under the Contract. 12. Quiet Enjoyment. Upon paying the rent and all other sums and charges as herein provided, and observing all covenants, agreements and conditions of this Lease on its part to be observed, Purchaser shall quietly have and enjoy the Unit subject to the provisions of this Lease, the Declaration of Condominium, the By-Laws and House Rules. 13. Broker. Purchaser represents and warrants to Seller that it dealt with no broker, finder or similar agent in connection with this Lease. Purchaser agrees to indemnify and hold Seller harmless from any cost or expense, including without limitation reasonable attorney's fees, arising out of the claim of any broker, finder or similar agent alleging to have dealt with Purchaser in connection with this Interim Lease. 14. Intentionally Omitted. 15. Insurance, Damage. (a) At all times during the Term hereof, Purchaser shall carry such hazard insurance and liability insurance naming Seller as an additional insured as Seller may reasonably require and shall furnish Seller with certificates thereof. Purchaser shall obtain casualty insurance policies covering Seller's (and, at Purchaser's option), Purchaser's property on the Unit. All policies shall provide that all claims other than those relating to Purchaser's property shall be adjusted by and payable to Seller. All policies shall provide that they cannot be canceled except on thirty (30) days' notice to Seller, and shall contain a waiver of the insurer's

17 454 right of subrogation against Seller. Purchaser waives any right against Seller arising out of any loss or damage to Purchaser's property. (b) Purchaser shall notify Seller promptly if the Unit is damaged. All insurance proceeds shall be paid to Seller and shall be disbursed by Seller. Any balance remaining shall be Seller's property. If the Unit is damaged materially, Seller shall have the right to cancel this Lease on thirty (30) days' notice. Upon cancellation, the parties will be released from all further liability under this Lease. Purchaser waives all rights to any damage award in connection with the Unit other than for Purchaser's property. 16. Personal Property. Purchaser covenants and agrees to take good care of all of fixtures, appliances and any other personal property contained in the Unit and if Purchaser fails to close, to surrender them at the expiration of this Lease in the same condition they are in on the date hereof. 17. No Rent Stabilization. Neither this Lease nor the Unit is or shall become subject to the Rent, Eviction and Rehabilitation Regulations, Rent Stabilization Law, Emergency Purchaser Protection Act of the City of New York, Interim Multiple Dwelling Law or any other rent or eviction regulations pertaining to apartments and lofts in the City of New York, and Purchaser expressly acknowledges the same and waives any application thereof. 18. Access. H Purchaser fails to close, Seller may have access to inspect the Unit, or to show it for sale. 19. General Provisions. (a) No Waiver. No waiver by Seller or Purchaser of any breach of any agreement or provision herein contained shall be deemed a waiver of any other breach thereof or of any other agreement or provision herein contained. (b) Notices. All notices, demands or other communications given under this Lease shall be in writing and delivered in person or mailed by hand delivery or reputable overnight courier, and shall be deemed given when delivered to Seller or Purchaser, respectively, at the address shown above or to such other addresses as may be designated by the respective parties by like notice. (c) Merger. This Lease, including any exhibits (or riders containing additional provisions and initialed for identification) annexed hereto and made a part hereof, contains the entire agreement between the parties and supersedes all prior understandings, if any, with respect thereto. This Lease may not be modified except by written instrument signed by the party to be charged. This Lease may be executed in counterparts, each of which shall be deemed an original. (d) Successor and Assigns. This Lease shall be binding on Seller and Purchaser, their successors and assigns, except that this Lease will be deemed canceled immediately upon the death of Purchaser.