Tenant Accepted Rent-Stabilized Renewal Lease in Court Settlement

Tenant complained to the DHCR that landlord failed to offer him a renewal lease. Landlord claimed that the renewal lease issue had been resolved in a settlement agreement signed by landlord and tenant in housing court. In that agreement, tenant acknowledged receiving a renewal lease. The DRA ruled against tenant, who appealed and lost. Tenant claimed that the court stipulation was void because tenant can’t waive the protections of rent stabilization. But Rent Stabilization Code Section 2520.13 provides that an agreement by tenant to waive the benefits of rent stabilization is void except that a landlord and tenant can negotiate settlement of an issue before the DHCR or a court. And landlord proved that tenant had accepted a renewal lease in court before filing the DHCR complaint.

Jones: DHCR Adm. Rev. Docket No. ES110040RT (10/26/16) [3-pg. doc.]