Legal DHCR Agreement

LEGAL DHCR AGREEMENT

This Legal DHCR Agreement (the Agreement) is made as of by and between Landlord Name: (Landlord) and Tenant Name: (Tenant). Landlord and Tenant are collectively referred to as the Parties.

Premises: Unit/Apartment: DHCR Docket/Registration No.:

RECITALS

WHEREAS, Landlord is the owner or lawful managing agent of the Premises and is responsible for registration and compliance with rent regulation and housing maintenance standards under applicable law; and

WHEREAS, Tenant occupies the Premises and a dispute has arisen between the Parties relating to rent, alleged overcharges, alleged housing code violations, and/or filings or proceedings before DHCR in connection with the Premises; and

WHEREAS, the Parties desire to resolve all claims between them, including any pending or potential DHCR matters, on the terms and conditions set forth in this Agreement to avoid further administrative proceedings and litigation.

NOW, THEREFORE

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Effective Date" means the date set forth above in the opening paragraph. 1.2 "Settlement Amount" means the total monetary consideration to be paid by the responsible Party as specified in Section 3. 1.3 "DHCR Proceedings" means any administrative claims, petitions, complaints, or registration matters before the Division of Housing and Community Renewal or any successor administrative body related to the Premises.

2. TERM OF AGREEMENT

This Agreement shall be effective as of the Effective Date and shall remain in full force and effect until all obligations herein have been fully performed, except as otherwise provided herein for continuing obligations such as indemnification and confidentiality.

3. SETTLEMENT PAYMENT AND PAYMENT SCHEDULE

3.1 Settlement Amount: Tenant acknowledges that the Parties have agreed that the total Settlement Amount to resolve all claims is $.

3.2 Payment Schedule: The Settlement Amount shall be paid as follows: Initial payment of $ due on or before , and the remaining balance of $ payable in monthly installments of $ each commencing on .

3.3 Method of Payment: Payments shall be made by check, certified funds, or electronic transfer directed to Landlord at the notice address set forth in Section 9. Landlord shall provide a written receipt for each payment.

4. DHCR PROCEEDINGS; STIPULATION

4.1 If there are pending DHCR Proceedings, the Parties shall promptly execute and file any stipulations, withdrawal forms, releases, or other documents reasonably necessary to effectuate the termination of such Proceedings upon satisfaction of the payment and performance terms of this Agreement.

4.2 Each Party agrees to cooperate in good faith with filings or administrative steps necessary to close DHCR matters, including but not limited to executing stipulations of discontinuance, provided such filings accurately reflect that the matter has been resolved pursuant to this Agreement.

5. REPAIRS, MAINTENANCE AND COMPLIANCE

5.1 Landlord represents and warrants that, as of the Effective Date, Landlord will undertake the following corrective actions at the Premises within the time frames specified:

5.2 Tenant shall permit reasonable access for completion of the work described in this Agreement upon at least 48 hours' notice, except in the event of an emergency. Landlord shall complete the work in a commercially reasonable and workmanlike manner and shall obtain any required permits.

6. RENT ADJUSTMENTS AND REGISTRATION

6.1 The Parties acknowledge and agree that any adjustments to lawful rent or any retroactive registration adjustments shall be made consistent with applicable rent regulation standards. Landlord agrees to provide documentation supporting any claimed lawful rent increases or surcharge calculations upon Tenant's written request.

6.2 If the Parties agree to any rent concession or credit as part of this Agreement, such concession shall be set forth expressly in Section 3 or in the Additional Terms section below.

7. RELEASE; COVENANT NOT TO SUE

7.1 Upon receipt by Tenant of full payment required under this Agreement and performance of the obligations described herein, Tenant releases and forever discharges Landlord and its agents, employees, successors and assigns from any and all claims, demands, causes of action, liabilities, and damages, whether known or unknown, past or present, relating to the matters resolved by this Agreement, including claims filed or which could have been filed before DHCR.

7.2 Landlord, upon receipt of any required payments and completion of agreed repairs, releases and covenants not to initiate further claims against Tenant arising from the matters contemplated herein.

8. CONFIDENTIALITY

Except as required for enforcement of this Agreement or as required by lawful administrative process, the Parties agree that the terms and existence of this Agreement shall be confidential and shall not be disclosed to third parties, except that disclosure to legal counsel, accountants, and similarly situated professional advisors is permitted.

9. NOTICES

All notices, consents, and communications required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses below or to such other address as either Party may designate by written notice to the other Party in accordance with this Section.

10. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full authority to enter into this Agreement, that its execution and performance will not violate any other agreement, and that the person signing this Agreement on its behalf is duly authorized to do so.

11. INDEMNIFICATION

Each Party shall indemnify, defend, and hold harmless the other Party from and against any claims, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of any breach of this Agreement or from the indemnifying Party's negligent or willful acts or omissions.

12. DEFAULT; REMEDIES

12.1 If a Party defaults in the performance of any material obligation under this Agreement and fails to cure such default within fourteen (14) days after receipt of written notice from the non-defaulting Party (or such longer period as may be reasonably required to cure where cure is commenced within said period and diligently pursued), the non-defaulting Party may pursue all remedies available at law or in equity, including specific performance and recovery of damages and costs.

13. AMENDMENTS; WAIVER

This Agreement may be amended only by a writing signed by both Parties. No failure or delay by either Party in exercising any right shall operate as a waiver of that right, nor shall a single or partial exercise preclude other or further exercise.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a court or administrative body of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and the Parties shall negotiate in good faith a valid substitute provision that most nearly effects the Parties' intent.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Premises are located, without regard to conflict of law principles.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

17. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be deemed originals.

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