Rent-Controlled Tenant Can't Consent to Rent-Stabilization Coverage

February 1, 1994

LVT Number: 8534

Landlord asked the DHCR if tenant could be removed from rent control and placed under rent stabilization. Apparently, tenant had requested this. In an opinion letter, the DHCR stated that tenant couldn't give up his rights under rent control. Any agreement by tenant to give up his rights was void. A change in status was permissible only if tenant was relocated to a different, decontrolled apartment that would be subject to stabilization anyway.

Landlord asked the DHCR if tenant could be removed from rent control and placed under rent stabilization. Apparently, tenant had requested this. In an opinion letter, the DHCR stated that tenant couldn't give up his rights under rent control. Any agreement by tenant to give up his rights was void. A change in status was permissible only if tenant was relocated to a different, decontrolled apartment that would be subject to stabilization anyway.

DHCR Opin. Ltr. by Nathaniel Geller (7/9/91) [1-page document]

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