[HISTORY: Executed between the Town of Bedford and Bedford Park at Westchester and Lawrence Terrace Apartments 9-20-1993. Amendments noted where applicable.]
This agreement, made as of this 20th day of September 1993, by and between the incorporated Town of Bedford, State of New York, hereinafter the "town," and the undersigned owners of certain multifamily dwellings located in the Town of Bedford, hereinafter the "owners."
WITNESSETH
Whereas, in 1981 the Bedford Town Board was petitioned by tenants in multifamily dwellings to adopt the statute known as the Emergency Tenant Protection Act of 1974 (ETPA)[1]; and
Whereas, the Bedford Town Board embarked upon detailed study of the provisions and effects of the ETPA and, in connection with such study, conferred with tenants, owners, outside experts and others; and
Whereas, rather than adopt the ETPA, the town and owners agreed to enter into an agreement dated April 27, 1981, which was renewed by agreements dated March 23, 1984, May 6, 1986, August 16, 1988, and September 20, 1991 (the "Bedford Fair Rent agreement"); and
Whereas, the Bedford Fair Rent Agreement has generally succeeded in solving landlord-tenant problems in the town, and the parties are desirous of continuing it, with certain modifications as set forth herein; and
Whereas, representatives of the owners and tenants have met with each other and the Supervisor of the town and have had discussions concerning the Bedford Fair Rent Agreement and the proposed modifications; and
Whereas, the Town Board has determined that it is in the best interests of the town, its tenants and the owners of multifamily dwellings to enter into an agreement with the undersigned owners rather than to adopt the ETPA at the present time; and
Whereas, the parties hereto desire to provide for the stability of rentals being paid for apartments in the town in a manner designed to balance the goals of protecting tenants against unpredictable or large rent increases and to provide for a reasonable return on investment for the owners;
Now, therefore, in consideration of the following terms, the parties hereto agree as follows.
[1]
Editor's Note: See § 8621 et seq. of the Unconsolidated Laws.
A. 
Each tenant of a building covered by this agreement shall have the right to renew his or her lease, upon its expiration, under a renewal lease that shall contain the same terms and conditions as the immediately prior lease, except that such new or renewal lease shall be for a term of either one (1) or two (2) years, such term to be selected by the tenant, at a monthly or annual rent that:
(1) 
In the case of a one-year term, shall not exceed the prior rent by more than six percent (6%) or the guidelines then in effect set by the Westchester County Rent Guidelines Board, whichever is greater; or
(2) 
In the case of a two-year term, shall not exceed the prior rent by more than eight percent (8%) or the guidelines then in effect set by the Westchester County Rent Guidelines Board, whichever is greater.
B. 
With respect to tenancies where the tenant is at least sixty-two (62) years of age on the date of the lease or renewal thereof, the maximum rent increase shall be no greater than three percent (3%) for a one-year lease and five percent (5%) for a two-year lease.
A. 
No renewed lease shall provide for tax escalation charges or full cost increase passthrough charges or any other charges for costs or operating expenses of the buildings or properties covered by this agreement.
B. 
By mutual agreement between the owner or landlord or any building and any tenant therein, a lease may provide for rent greater than that permitted under the terms of this agreement if the owner or landlord and tenant both voluntarily agree to a greater rent upon the condition that the owner or landlord shall have furnished improvement for the benefit of the tenant that the owner or landlord was not legally required to furnish.
Owners shall continue to maintain the services provided on the date of this agreement and shall make all capital improvements necessary for the health and safety of the tenants.
Any renewal lease hereafter executed with respect to apartments covered by this agreement shall contain a provision that refers to this agreement in substantially the following form:
"This lease is subject to the terms and conditions of a certain agreement dated September 1993, made between the Town of Bedford and the landlord or its predecessor in interest."
In the event an apartment shall be vacated by a tenant whose occupancy is covered by this agreement, the owner may rent such apartment without regard to and not covered by the provisions of this agreement.
[Amended 4-5-1994]
If a tenant desires to move into a vacant apartment in the same complex and the owner is agreeable, the rent for such new apartment shall be no greater than one-half (1/2) the difference between present rent, plus the allowable one-year increase of leased apartment and the free market rent for the new apartment.
It is understood that the owners shall not be required to renew leases of existing tenants, but if a lease renewal is denied by the owner without a bona fide basis as herein set forth, the rent for any new tenant in the apartment shall be the same as that which the old tenant would have paid if the tenant had renewed. A "bona fide nonrenewal" shall be a nonrenewal where the owner has commenced two (2) or more bona fide summary proceedings for nonpayment of rent or the owner has an objective basis for concluding that a tenant has become a nuisance or danger to the owner or other tenants in the building, such as confirmed police reports, convictions or similar evidence. The basis for considering a nonrenewal bona fide or not may be determined in a local court or other court of competent jurisdiction.
All renewal tenants signing leases pursuant to this agreement shall be deemed third party beneficiaries of this agreement. If the parties in any dispute do not accept the determination of the Committee, they shall have the right to sue for breach of contract in the Bedford Town Court of other court of competent jurisdiction.
This agreement shall be effective September 1993, and shall expire three (3) years thereafter but may be extended for additional periods upon the express written agreement of the parties hereto. During its term, this agreement shall remain in force and effect unless and until the town shall adopt legislation subjecting apartments in multiple residence buildings in the town to the provisions of the ETPA or similar legislation. Upon adoption by the town of any such legislation, this agreement will terminate. This agreement will also terminate and be of no further effect upon the expiration of sixty (60) days after the ETPA or similar legislation shall have terminated without similar legislation having been enacted by the state, county or other municipal governmental authority having jurisdiction over the buildings that are subject to this agreement.
All renewals shall be by written lease, and all provisions of such lease shall be as negotiated to and agreed by the landlord and tenant other than as set forth herein. Ninety (90) days prior to all lease expirations, landlords shall notify tenants, in writing, by regular and certified mail, return receipt requested, or by personal service of the dates of expiration and the terms of any renewals of such leases (and for the first renewal shall send each tenant a copy of this agreement). Tenants shall notify landlords sixty (60) days prior to the expiration of their lease, in writing, to the owner by certified mail, return receipt requested, if they wish to exercise their renewal rights and shall pay any additional security required at that time. Landlords shall send the proposed renewal lease no later than thirty (30) days after receipt of the tenant's exercise of the renewal rights, and tenants shall execute the renewal lease within thirty (30) days after receipt of the renewal lease. Should a tenant fail to so notify the landlord of acceptance or shall fail to pay the additional security or execute the renewal within the time periods set forth herein, the landlord shall be free to rent the apartment to another tenant.
This agreement shall be applicable only to tenants who maintain their apartments in one (1) of the subject complexes as their primary residences.
This agreement constitutes the entire agreement among the parties. It may be changed orally but only by an agreement, in writing, signed by the parties against whom enforcement of any change is sought.
The parties hereto agree that jurisdiction over all disputes arising hereunder shall be in the Bedford Town Court or other court of competent jurisdiction.
This agreement may be executed in counterparts, each and all of which shall be deemed an original hereof.