Tenant Can't Waive Rights Under Rent Stabilization

Facts: Landlord, a partial owner, owned and occupied the first floor of a building. Since 1973, he'd rented a portion of the first floor to tenant. Tenant's lease was periodically renewed until 1986, when landlord refused to renew it. Tenant complained to the DHCR that landlord didn't renew the lease, and claimed a rent overcharge. The DRA ruled that tenant was rent-stabilized, and ordered landlord to renew tenant's lease. Landlord never appealed the DRA's decision, but refused to register the apartment with the DHCR. Landlord also later sued tenant, claiming that when tenant originally moved in, tenant agreed not to claim rent stabilization status. In return, landlord had charged tenant a rent below fair market value. Court: Landlord loses. Landlord based his court action on a claim that tenant agreed not to seek protection under rent stabilization. By law, a tenant can't waive his rent stabilization rights.

McCabe v. Ewadinger: NYLJ, p. 26, col. 1 (5/19/93) (Sup. Ct. NY; Gammerman, J)