How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9366
Experience:  I've represented both landlords and tenants.
Type Your Landlord-Tenant Question Here...
N Cal Atty is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Landlord-Tenant
Expert:  N Cal Atty replied 2 years ago.
Thank you for your question.
Where is the apartment located?
Customer: replied 2 years ago.
Jackson Heights, NY
Expert:  N Cal Atty replied 2 years 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."
I hope this information is helpful.

Related Landlord-Tenant Questions