Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
EXHIBIT D
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
Effective as of 6/1/18
HOUSE RULES
IDGHLAND TERRACE HOUSING DEVELOPMENT FUND CORPORATJON
The House Rules that follow are designed to create a safe and neighborly community at
Highland Terrace. They ar,e not intended, nor can they cover every conceivable aspec,t of
shareholder activity in the Building. Ibey are to be used in conj111nction witb your proprietary
lease. Eacb shareholder, in signjng the proprietary lease, has agreed to abide by the House
RuJes. These House Ru.Jes shouJd be considered a "living docwnent" that may be fltrther
updated or changed by tbe Board of Directors (the "Board") from time to time as new issues
arise, pursuant to paragraph 13 of the proprietary lease. These ruJes apply to all shareholders,
subtenants and their family members and guests (collectively, the ''Occupants"). H is tbe
responsibility of all Occupants to make sure that House Rules are observed. If you know of any
violations. please immediately advise the managing agent (the "Managing Agent") or members
of the Board.
Use of Common Areas:
(1) The public haUs, stairwells and entrances to the Building shall not be obstructed
or used for any purpose other than entering m1d exiting to and from the Building, apartments and
the garage, except when moving in or out of the Building.
(2) Apartment doors facing the public hallways may not bave any decorations 011
them that use tape or glue which may cause the paint to peel.
(3) Personal property of residents (including but not limited to bicycles, scooters,
baby carriages, strollers, shopping ca11s or similar vehicles/ items) shall not be placed in the
public halls, in the staircase landings, on the fu-e escapes, on the window sills or any otJ1er
common areas of the Building or property. Anything left outside an apartment is subject to
removal by building perso1mel. Bicycles are not permitted on elevators. Occupants must use the
stairs or designated bike rack. if any,
(4) No one is allowed to play in the public halls, in the lobby, on the stairways and
landings, on the :fire escapes, in the lau11d1y room or elevators. Nor shall anyone be permitted on
the roof. Nor sha!J anyone be all.owed to play, ride a bicycle, roller skate, or skate board or
partake ju simi lar activities in the parking lot. Nor shall any Occupant loiter, stand, sit, or
wander in front of the Building.
(5) Nothing should be bung or shaken from the doors, windows, fire escapes. thrown
out of the windows or placed upon the window sills of the Building.
(6) No pigeons or other birds and animals shall be fed from the window sills or in I.he
parking lot or other common areas of the BL1ildi11g or property, or on the sidewalk or street
adjacent to the Building or property.
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
(7) Grills or cooking devices of any kind are not allowed to be used on the common
areas of the Building or property.
(8) Smoking is strictly prohibited in any interior common areas of tbe Building
(including but not limited to the elevators, lobby, hallways, stairwells, laundry and storage
rooms), the parking garage, as well as within twenty (20) feet of the Building. The conswnption
of any alcoholic beverage or carrying of an open container contain ing an alcoholic beverage is
strictly prohibited on the common areas of the Building or property.
(9) The lawns andl grass areas are common areas. In no event may the lawns or grass
areas be used as a playground, private gardens, or any pw·pose that may impair their appearance,
obstruct, or increase the cost of maintenance.
( I0) No one sball mark-up, scratch or inscribe any graffiti markings on any of the
Corporation's prope1ty.
Dwelling Areas:
( 11 ) No satellite dish shall be attached to or lrnng from the fire escapes or exterior of
the Building. No cable wires are to be extended outside the window of any apartment.
( 12) No awnings shall be used in or about the Building except as approved by the
Board in writi.ng. Nor shall anything be projected out of any window of the Building without
approval of the Board.
( 13) No air conditioning uuits or dishwashers shall be installed without the prior
written consent of the Board or Managing Agent. Air conditioning units may onJy be installed in
the sl.eeve below the window and the Occupant agrees to abide by the rules or regulations of Lhe
Board with respect to the installation and use of such equipment.
(14) Toilet<;, sinks and water apparat11s in the Building shall not be used for any
purpose other than those for which they were constructed. No rags, sweepings, rubbish,
disposable wipes, kitty litter or any other articles shall be thrown into the toilet. No cooking oil
or similar substance shall be put into any water drain. The cost of repairing any damage
resulting from misuse of any toilet, sink or other water apparatus shaU be paid for by the
Occupant in whose apartment that damage shall have been caused.
(J 5) All Occupants shall keep the windows of their apartment clean and al l screens in
good condition. In case of refusal or neglect of any Occupant to clean such windows after the
Board provides ten (10) days. written notice, such cleaning may be perfonned by any contractor
or workers authorized by the Board to enter the apartment for that purpose and to charge the cost
of such cleaning to the Occupant Only appropriate window treatments (i.e. blinds, curtains or
shades) shall be used to cover windows.
( 16) No sign, notice, advertisement or iJtumination shall lbe inscribed or exposed on or
in any window or at another part of the Building. except as such shall have been approved ·in
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
writing by tbe Board. However, holiday decorations are allowed in windows, but only for
fou1teen (14) days prior to and fourteen (14) days after a holiday.
(17) No group tour. public open house, or exbjbition of any apartment or its contents
shall be conducted, nor shall any auction or tag sale be held in any apartment without the written
consenl of the Board.
( 18) All apartments with children living in the apartment, aged ten ( JO) years or
younger must bave window guards. Occupants must inform tbe Managing Agent if any cbjldren
under IO years of age are living in the apartment. Occupants must allow the Superintendent
access to the apartment for inspection and installation. Occupants shall be responsible for the
cost of iostalli:ng window guards.
( 19) lt is required that all apartments shall at all times have installed the proper number
of smoke and carbon monmdde detectors in good working order. Occupants shall be obligated to
maintain such detectors in good working order and provide the Corporation and/or its agents or
employees access to their apartments on an annual basis to inspect and certify that such detectors
are instal.led and functional.
Floor Covering Requirements:
(20) Carpeting or area rugs supported by carpet padding, either jute or similar type of
padding with a minimum thickness of 3/8", must cover 80% of the floors of each room ill all
apartment, excluding the kitchen, bathroom(s) and dining room. Alternatively, specia!Jy
design.ed noise reducing, insuilated laminate flooring may be insta!Jed provided that sucb flooring
is approved by tbe Board in advance of installation and meets tbe specifications on file with the
Managing Agent. At closing Occupants will post a refundable deposit and have a thirty (30) day
grace period from the date of closing to cover the floors and be in compliance with Lbese House
Rules.
Noise and Disturban,ces:
(21) No one shall make or permit any disturbing noises iJ1 the Building or do anything
or permit anything to be done in the Building which will interfere with the rights, comfort, or
convenience of other Occupants.
(22) No one shall play upon or permit to be played upon any musical instrument or
operate or permjt to be operated any musica.l device, radio or television or speaker in the
Occupant' s apartment from ll0:00 p.m. until 8:00 a.m. on Sunday through Thursday and from
l I :00 p.m. until 8:00 a.m. on Friday and Saturday, if the same shall disturb or annoy other
Occupants.
Renovations, Repairs or Construction:
(23) No one shall make any changes lo lhe electrical, heating or plumbing systems nor
make any non-cosmetic changes to an apartment or the Building without submitting such written
plans to the Managing Agent for the Board's approval.
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
(24) No construction or repair work or iJ1Stallation involving excessive noise shall be
conducted in any apartment except on weekdays (not including legal holi.days) and only between
the hours of9:00 a.m. and 5:00 p.m.
(25) All contractors must have proper insurance and a copy of same must be furnished
to the Managing Agent prior to commencement of work and as pa11 of the approval. process. A II
contractors must conform to the rules and regulations of the local building codes. All work must
be made available for inspection by representatives of the Mao.aging Agent, Board and the
appropriate local building department authorities.
Garbage and Refuse:
(26) Garbage and refase from the apartments shall be disposed of only at such times
and in such manner as the Board or the Managing Agent may direct. Occupants are required to
obey applicab]c local laws, statutes and regulations governing the disposal of refuse including,
but not limited to, those req_lliriug the separation and proper disposal of recyclable materials.
Recyclables should be rinsed clean ai1d placed in the appropriate conta iner. All bulk items
(including but not limited to refrigerators, stoves, couches, TVs, etc.) are not to be placed in or
against any part of the Building. Occupants are solely responsible for the disposal of their blllk
items and any construction debris. Any Occupant who violates this rule will be assessed for any
disposal charge or expense in<:llrred by the Corporation.
Move lo/Move Out & Deliveries;
(27) Moving is onlly to be conducted between the hours of 9:00 a.m. and 4:00 p.m.
Monday through Thursday. Occupants moving in or out of the Building must advise the
Managing Agent of such move not less than three (3) business days prior to che date and time of
the intended move and post a deposit in the form of a certified/bank check or money order to
cover any damage to tbe common areas. The Board reserves the right to prohibit, for good
cause, moves at any given time. S-uch deposit sh.all be deemed forfeited in the event the
Occupant violates this rule. lo addition to tl1e moving security deposit described above, at
closing the seller & purchaser will each pay a non-refundable move-out & move-in fee.
Except for UPS or other small parcels, supermarket and food deliveries, all other
items of every kind must be delivered only at the service entrance to the Building.
Pet Policy:
(28) With the exceptions of a maximum of two (2) cats per unit or fish no animals shall
be kept or harbored in the Building unless tbe same in each instance is expressly permitted in
writing by the Board. Such permission sbal l be revocable by the Board in their sole discretion at
any ti.me. No dogs sball be harbored in the Building or for visitation at any ti.me. AJI service and
support animals must be under control and oo a leash at ALL times i11 the common areas of the
Building or property.
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
Laundry Room:
(29) The laundry facilities are limited to Occupants only. AU Occupants shaH use the
available laundry facilities only upon such days and during such hours as may be designated by
the Board. The current hours of operation are twenty-four (24) ho urs seven (7) days a week. The
Board shall have the right from time to time to curtail or relocate any space devoted to laundry
purposes. Furthennore, no Occupant shall be allowed to use or store any washing machines or
dryers in their apartments. Occupants are asked to: (a) remove Lint and other loose materials
from washers and dryers after each use; {b) clean up any spills of detergent or other leakage
before leaving the laundry room; (c) not remove laundry carts from the laundry room; and (d)
remove clothes promptly from washers and dryers when cycles are finished.
Parking Garage & Lot;
(30) All parking spaces are the property of the Corporation. They cannot to be sold,
sublet, and are non-transferable.
a. Spaces are to be kept clean and free of debris. Storage of food or other
personal items is not allowed.
b. There is a two (2) parki11g space maximum permitted for each unit. No
Occupant may have more parking spaces than vehicles.
c. Occupants will abide by all arrangements made by tbe Corporation with
regard to tl1e garage or parking space and the driveway thereto.
d. Any vehicle parked in such a manucr as to impede or prevent ready access
to any entrance of the Building by another vehicle will be towed at the owner's expense.
e. Occupants are responsible for making sure that trade's people, deliveries,
any reser ved spots o r in any manner that would v i olate the
and r eal estate agents d o not park in
House Rules.
f. All non-resident shareholders will be pem1itted to rent one (I) parking
space after all Occupant requests bave been satisfied.
g. Subtenants (reuters) will be permitted to rent one (1) parking space after
all shareholder requests have been fulfi lled.
b. In the event that there are unoccupied parking locations, exceptions may be
made upon written request and approval by the Board.
1. Every two (2) years parking recertification will occur.
J. Occupants may not wash nor work on vehicles in the parking garage or on
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
the property.
k. Any shareholder in arrears beyond sixty (60) days or Occupant in violation
of these House Rules will have their parking privileges revoked.
Storage Units;
(3 1) a. Flammable materials may not be stored in the storage area/wuts.
b. Storage UD its are rented on a monthly basis. Tbe Corporation is not responsible
for the contents in any storage un it.
c. Food storage is not allowed.
d. Any shareholder in arrears beyond sixty (60) days or Occupaut in violation of
these House Rules will have their storage unit priviJeges revoked.
Extermination Access;
(32) The agents of the Board, and any contractor or workman authorized by the Board,
may enter any apartment at any reasonable hour of the day for the purpose of inspecting such
apartment to ascertain whether measures are necessary or desirable to control or extenuinate any
vermin, insects or other pests and for the purpose of taking such measures as may be necessary to
control or ex-terminate any such vermin, insects or other pests. If the Board takes measures to
control or exterminate carpet beetles or bedbugs, the cost thereof sl1all be payable by tbe
shareholder, as additional maintenance.
Managing Agent:
(33) Complaints, requests, and questions regarding the service of the Building shall be
made in writing to the Managing Agent. Occupants seeking info1mation for the following
policies and fonus should corntact the Managing Agent dfrcctly:
• Subletting
• Sales
• Alterations/ Renovations
• Move-in and Move-out
• House Rules
.Fines:
(34) The Corporation may impose fines for any violation of these House Rules. Such
fines will be considered as additional rent. Any payment required to be made by a shareholder to
the Corporation as additional rent for violation of these House Rules shall not be construed to
lim.it any of the Corporation•s rights U11der law and/or the Proprietary Lease and/or the By-laws
of the Corporation.
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/16/2023
Use of Emplovees:
(35) No Occupant shall send any employee of the Corporation out of tbe Building on
any private business of the Occupm1t without the prior consent of the Board or Managing Agent.
No Occupant shall request any employee of the Corporation to perfom1 any repairs 1hat are tbe
responsibility of the Occupant without the prior consent of the Board or Managing Agent.
Amendment of House Rules:
(36) These House Rules may be added to, amended or repealed at any time by
resolution of the Board. Any consent or approval given under these House Rules by the Board
must be in writing and shall be revocable at any time.
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