Agreement Between Tenant and Subtenant Was Void

Subtenant complained of a rent overcharge by tenant. The DRA ruled for subtenant, and tenant appealed, claiming that she had a prior agreement with subtenant in which subtenant gave up the right to file a rent overcharge complaint. Tenant also claimed that subtenant paid what he did because tenant had made substantial apartment repairs and had use of her furnishings. Tenant also claimed that subtenant had changed the apartment door locks without her permission and refused to allow her to return and remove her furniture. The DHCR ruled against tenant. An agreement to waive the benefit of any provision of the Rent Stabilization Law or Code is void, unless it was approved by the DHCR or the courts. Any repairs made by tenant had no bearing on the overcharge claim. And tenant wasn't entitled to a rent surcharge unless the apartment was rented to subtenant fully furnished. Tenant had made no such claim to the DRA.

Marchand: DHCR Adm. Rev. Dckt. No. LF410133RO (10/9/97) [2-page document]