Tenant 'Release' Doesn't Affect Overcharge Award

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that, when allowing tenant to break his lease, tenant had signed a release withdrawing any rent overcharge claims. The DHCR ruled against landlord. The language of the release agreement didn't say that tenant gave up any accrued overcharge claim. And, under the Rent Stabilization Code, tenant can't waive any benefit provided by the Code.

151 East 26th Street, Apt. 2D: DHCR Adm. Rev. Dckt. No. EC 410241-RO (5/27/93) [3-page document]