Tenant Gave Up Right to Claim Rent Overcharge

April 1, 1997

LVT Number: 11409

Tenant sued landlord, claiming a rent overcharge. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Landlord had previously sued to evict tenant when she was merely a roommate of rent-stabilized tenant, who had died. Landlord and tenant then signed a stipulation in housing court by which she was given a rent-stabilized lease. In return, tenant waived any right to challenge the rent. Tenant also stated in the stipulation that the apartment wasn't her primary residence.

Tenant sued landlord, claiming a rent overcharge. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Landlord had previously sued to evict tenant when she was merely a roommate of rent-stabilized tenant, who had died. Landlord and tenant then signed a stipulation in housing court by which she was given a rent-stabilized lease. In return, tenant waived any right to challenge the rent. Tenant also stated in the stipulation that the apartment wasn't her primary residence. So, even if the Rent Stabilization Code barred waiver of tenant's rights, tenant wasn't rent-stabilized before she signed the stipulation and couldn't claim a rent overcharge. Tenant had a choice of either getting a court declaration of her status or signing the stipulation through which she obtained the benefit of a bargain.

Kent v. Bedford Apts. Co.: NYLJ, p. 26, col. 1 (3/13/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Williams, Mazzarelli, JJ)

Topics

More like this