Tenant Didn't Waive Right to Renewal Lease

LVT Number: 19215

Tenant complained of an improper lease renewal. Tenant said he was successor rent-stabilized tenant after prior tenant, his mother, moved out. The DRA ruled for tenant and ordered landlord to give tenant a renewal lease in his name. Landlord appealed and lost. Landlord argued that tenant had already signed a vacancy lease. Landlord also said that tenant hadn't proved he had pass-on rights to the apartment. The DHCR said the fact that tenant had signed a vacancy lease didn't matter. An agreement to waive rights that tenant has under rent stabilization is void as a matter of law.

Tenant complained of an improper lease renewal. Tenant said he was successor rent-stabilized tenant after prior tenant, his mother, moved out. The DRA ruled for tenant and ordered landlord to give tenant a renewal lease in his name. Landlord appealed and lost. Landlord argued that tenant had already signed a vacancy lease. Landlord also said that tenant hadn't proved he had pass-on rights to the apartment. The DHCR said the fact that tenant had signed a vacancy lease didn't matter. An agreement to waive rights that tenant has under rent stabilization is void as a matter of law. Tenant also submitted sufficient proof that he had lived in the apartment since at least 1996, and that tenant lived there until she died in 2005.

Deegan Cloverdale Co., LLC: DHCR Adm. Rev. Docket No. TL110036RO 9/22/06 [2-pg. doc.]

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