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N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9267
Experience:  I've represented both landlords and tenants.
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Is a waiver of succession rights in a rent stabilized apt.

Customer Question

is a waiver of succession rights in a rent stabilized apt. legal?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  N Cal Atty replied 1 year ago.
Thank you for your question.
Where is the apartment located?
Customer: replied 1 year ago.
Jackson Heights, NY
Expert:  N Cal Atty replied 1 year ago.
My opinion is that the waiver of succession rights is void:
2520.13 Waiver of benefit void
"An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the DHCR, or a court of competent jurisdiction, or where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the DHCR. Such settlement shall be binding upon subsequent tenants. However, where the settlement encompasses surrender of occupancy by the tenant or the tenant is no longer in possession of the housing accommodation as of the date of the settlement, such settlement shall not be binding upon any subsequent tenant, except to the extent that the complaint being settled is subject to the time limitations set forth in the RSL and this Code."
From
http://www.tenant.net/Rent_Laws/rsc/rsc2520.html
I hope this information is helpful.

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