Tenant Can't Waive Rights in Settlement Agreement

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord, finding that tenant's household income was below the deregulation threshold. Landlord appealed, claiming that tenant's roommate's income should be considered. The DHCR reopened the case. Landlord and tenant then submitted a settlement agreement to the DRA. Under the agreement, tenant received compensation and agreed to the deregulation of the apartment. The DRA terminated the proceeding. Landlord appealed and lost. Landlord argued that the DHCR shouldn't have simply terminated the proceeding, but should have issued a ruling that the apartment was deregulated. The DHCR said it isn't bound by tenant's agreement to waive her rights under rent stabilization laws. Tenant's agreement to do so is void. The settlement agreement was a private agreement between landlord and tenant.

Forty Central Park S., Inc.: DHCR Adm. Rev. Docket No. TL410016RO 7/17/06 [4-pg. doc.]