New York Rent Laws
Rent Stab Code (1987) - Table of Contents

NYC Rent Stabilization Code (1987)

Please note: This version of the NYC Rent Stabilziation Code is from 1987 and is not current. The code has been amended several times since 1987. Although much remains the same, there are significant changes that have occurred. This version of the code is maintained for archival purposes.

PART 2520 -- SCOPE ----------------------------- TABLE OF CONTENTS Section 2520.1. Statutory authority. 2520.2. Amendment of codes. 2520.3. Construction and implementation. 2520.4. Delegation of authority. 2520.5. Designations. 2520.6. Definitions. 2520.7. Effective date. 2520.8. Amendment or revocation. 2520.9. Filing of amendments. 2520.10 Separability. 2520.11 Applicability. 2520.12 Effect of this Code on leases and other rental agreements. 2520.13 Waiver of benefit void. ----------------------------- Sec. 2520.1. STATUTORY AUTHORITY. This Subchapter is promulgated and adopted pursuant to the powers granted to the Division of Housing and Community Renewal by chapter 888 of the Laws of New York for the year 1985. Sec. 2520.2. AMENDMENT OF CODES. Sections I through 66, inclusive, of the code of the Rent Stabilization Association of New York City, Inc., and sections I through 64, inclusive, of the code of the Metropolitan Hotel Industry Stabilization Association, Inc., as last amended, are hereby further amended by deleting such sections in their entirety and sections 2520.1 through 2530.1 of this Subchapter, inclusive, are hereby adopted, and this Code shall hereafter be known as the Rent Stabilization Code. Chapter VIII of this Subtitle is hereby redesignated to be known as Rent Stabilization Regulations and divided into Subchapter A--Emergency Tenant Protection Regulations, consisting of existing Parts 2500-2510; and Subchapter B--Rent Stabilization Code, consisting of new Parts 2520-2530. Sec. 2520.3. CONSTRUCTION AND IMPLEMENTATION. This Code shall be construed so as to carry out the intent of the Rent Stabilization Law to ensure that such statute shall not be subverted or rendered ineffective, directly or indirectly, and to prevent the exaction of unjust, unreasonable and oppressive rents and rental agreements, and to forestall profiteering, speculation and other disruptive practices tending to produce threats to the public health, safety and general welfare; and that the policy herein expressed shall be implemented with due regard for the preservation of regulated rental housing. Sec. 2520.4. DELEGATION OF AUTHORITY. The Commissioner of Housing and Community Renewal may delegate to a deputy commissioner, an assistant commissioner, a rent administrator or any other person or persons, the authority to carry out any of the duties and powers granted to him by the New York City Rent Stabilization Law or this Code, and the Emergency Tenant Protection Act of Nineteen Seventy-four as amended. Sec. 2520.5. DESIGNATIONS. When used in this Code, unless a different meaning clearly appears from the context, the following terms shall mean and include: (a) RSL. Title 26 of the Administrative Code of the City of New York, sections 26-501 through 26-520, as recodified by chapter 907 of the Laws of New York for the year 1985, constituting the New York City Rent Stabilization Law. (b) ETPA. The Emergency Tenant Protection Act of Nineteen Seventy-four. (c) State Rent Law. The New York State Emergency Housing Rent Control Law, commonly referred to as the State Rent Control Law. (d) City Rent Law. Title 26 of the Administrative Code of the City of New York, sections 26-401 through 26-415, as recodified by chapter 907 of the Laws of New York for the year 1985, constituting the New York City Rent and Rehabilitation Law, commonly referred to as the City Rent Control Law. (e) PHFL. The Private Housing Finance Law. (f) MDL. The Multiple Dwelling Law. (g) City Rent and Eviction Regulations. Regulations adopted and promulgated by the State Division of Housing and Community Renewal pursuant to the City Rent Law, Parts 2200-2210 of Title 9 NYCRR, officially known as the Official Compilation of Codes, Rules and Regulations of the State of New York. (h) DHCR. State Division of Housing and Community Renewal in the Executive Department. (i) Commissioner. Commissioner of the DHCR. (j) City Rent Agency. DHCR as defined in the City Rent Law. (k) HPD. New York City Department of Housing Preservation and Development. (l) Loft Board. The board created in the City of New York pursuant to article 7-C of the MDL, to resolve complaints of owners of interim multiple dwellings and of residential occupants of such buildings qualified for the protection of MDL article 7-C, and to act upon hardship applications made pursuant to such article. (m) Rent Guidelines Board. The board created in the City of New York pursuant to the RSL to establish guidelines annually for rent adjustments for leases or other rental agreements. (n) Office of Rent Administration. The office of the DHCR designated by the commissioner to administer the ETPA, the RSL and the City and State Rent Laws. (o) District Rent Office. The local rent administration office of the DHCR for a particular rent area in the City of New York. (p) Rent Administrator. The person designated by the commissioner to issue orders based on complaints or applications made to the DHCR. Sec. 2520.6. DEFINITIONS. (a) Housing accommodation. That part of any building or structure, occupied or intended to be occupied by one or more individuals as a residence, home, dwelling unit or apartment, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof. The term housing accommodation Will also apply to any plot or parcel of land which had been regulated pursuant to the City Rent Law prior to July 1, 1971 and which became subject to the RSL after June 30, 1974. (b) Hotel. Any Class A- or Class B multiple dwelling which provides all of the services included in the rent as set forth in section 2521.3 of this Title. (c) Rent. Consideration, charge, fee or other thing of value, including any bonus, benefit or gratuity demanded or received for, or in connection with, the use or occupation of housing accommodations or the transfer of a lease for such housing accommodations. (d) Tenant. Any person or persons named on a lease as lessee or lessees, or who is or are a party or parties to a rental agreement and obligated to pay rent for the use or occupancy of a housing accommodation. (e) Initial legal registered rent. The lawful rent for the use and occupancy of housing accommodations under the RSL or the ETPA, as first registered with the DHCR in accordance with the RSL, ETPA and this Code, which has not been challenged pursuant to Part 2526 of this Title, or if challenged, has been determined by the DHCR. (f) Legal regulated rent. The initial legal registered rent as adjusted in accordance with this Code or the rent shown in the annual registration statement filed four years prior to the most recent registration statement (or if more recently filed, the initial registration statement), plus in each case, any subsequent lawful increases and adjustments. (g) Vacancy lease. The first lease or rental agreement for a housing accommodation that is entered into between an owner and a tenant. (h) Renewal lease. Any extension of a tenant's lawful occupancy of a housing accommodation pursuant to section 2523.5 of this Title. (i) Owner. A fee owner, lessor, sublessor assignee, net lessee, or a proprietary lessee of a housing accommodation in a structure or premises owned by a cooperative corporation or association, or an owner of a condominium unit or the sponsor of such cooperative corporation or association or condominium development, or any other person or entity receiving or entitled to receive rent for the use or occupation of any housing accommodation, or an agent of any of the foregoing, but such agent shall only commence a proceeding pursuant to section 2524.5 of this Title, in the name of such foregoing principals. (j) Permanent tenant. For housing accommodations located in hotels, an individual or such individual's family members residing with such individual, who have continuously resided in the same building as a principal residence for a period of at least six months. In addition, a hotel occupant who requests a lease of six months or more pursuant to section 2522.5(a)(2) of this Title, or who is in occupancy pursuant to a lease of six months or more shall be a permanent tenant even if actual occupancy is less than six months. Unless otherwise specified, reference in this Code to "tenant" shall include permanent tenant with respect to hotels. (k) Subtenant or sublessee. Any person lawfully occupying the housing accommodation pursuant to an agreement with the tenant by authority of the lease or by virtue of rights afforded pursuant to section 226-b of the Real Property Law. Such person shall be entitled to all of the benefits of and be subject to all of the obligations of this Code except the right to renew, and the right to purchase upon conversion to cooperative or condominium ownership. (l) Occupant. Any person occupying a housing accommodation as defined in and pursuant to section 235-f of the Real Property Law. Such person shall not be considered a tenant for the purposes of this Code. (m) Hotel occupant. Any person residing in a housing accommodation in a hotel who is not a permanent tenant. Such person shall not be considered a tenant for the purposes of this Code, but shall be entitled to become a permanent tenant as defined in subdivision (j) of this section, upon compliance with the procedure set forth in such subdivision. (n) Immediate family. A husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson or granddaughter of the owner. (o) Family member. (1) A husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant or permanent tenant; or (2) Any other person residing with the tenant or permanent tenant in the housing accommodation as a primary or principal residence, respectively, who can prove emotional and financial commitment, and interdependence between such person and the tenant or permanent tenant. Although no single factor shall be solely determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed, may include without limitation, such factors as listed below. In no event would evidence of a sexual relationship between such persons be required or considered. (i) longevity of the relationship; (ii) sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life; (iii) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.; (iv) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.; (v) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, granting each other a power of attorney and/or conferring upon each other authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.; (vi) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions; (vii) regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services; (viii) engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotionally committed relationship. (p) Senior citizen. A person who is 62 years of age or older. (q) Disabled person. Except as provided pursuant to paragraph (4) of subdivision (b) of section 2523.5 of this Title (Renewal of Lease), a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled sub-stance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which prevent such person from engaging in any substantial gainful employment. (r) Required services. (1) That space and those services which the owner was maintaining or was required to maintain on the applicable base dates set forth below, and any additional space or services provided or required to be provided thereafter by applicable law. These may include, but are not limited to, the following: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, elevator services, janitorial services and removal of refuse. (2) For housing accommodations located in hotels in addition to the definition set forth in paragraph (1) of this subdivision, required services shall also include the services set forth in section 2521.3 of this Title, and any other services provided, or required to be provided by applicable law on the applicable base dates set forth below, including but not limited to telephone switchboard, bellhop, secretarial, and front desk services. (3) Ancillary services. That space and those required services not contained within the individual housing accommodation which the owner was providing on the applicable base dates set forth below, and any additional space and services provided or required to be provided thereafter by applicable law. These may include, but are not limited to, garage facilities, laundry facilities, recreational facilities, and security. Such ancillary services are subject to the following provisions: (i) No owner shall require a tenant or prospective tenant to lease, rent or pay for an ancillary service, other than security, as a condition of renting a housing accommodation. (ii) Where an ancillary service is provided to a tenant pursuant to a lease or rental agreement separate and apart from the lease or rental agreement for the housing accommodation occupied by the tenant, the tenant shall not be required to renew such lease, or rental agreement, for the ancillary service upon the expiration of such lease or rental agreement. (iii) Where an ancillary service is provided to a tenant pursuant to a lease or rental agreement for a housing accommodation, whether at a charge separate and apart from the rental of the housing accommodation, or included in the legal regulated rent, the tenant may be required to renew the rental term for the ancillary service upon the renewal of the lease for the housing accommodation. However, where the owner requires a tenant to continue such ancillary service, the owner may not unreasonably withhold consent to the tenant to sublet for the term of each renewal lease, the space or other facility constituting the ancillary service. (iv) For housing accommodations located in hotels, where telephone switchboard service is not provided or required to be provided pursuant to paragraph (2) of this subdivision, an owner shall not deny a permanent tenant permission to install a private telephone, provided that such installation shall not cause undue economic hardship to the owner, nor shall an owner cause the removal of a pay telephone from the premises. (4) The base dates for required services shall be: (i) for housing accommodations subject to the RSL on June 30, 1974, for building-wide and individual dwelling unit services: May 31, 1968; (ii) for housing accommodations subject to the RSL pursuant to section 421-a of the Real Property Tax Law, for building wide and individual dwelling unit services: the date of issuance of the initial Certificate of Occupancy; (iii) for housing accommodations subject to the RSL on June 30, 1971, and exempted thereafter as a result of a vacancy prior to June 30, 1974, for building- wide services: May 31, 1968; for individual dwelling unit services: May 29, 1974; (iv) for dwelling units which became subject to the RSL on July 1, 1974, pursuant to section 423 of the Real Property Tax Law, for building-wide and individual unit services: May 29, 1974, except that for housing accommodations in the Riverton Apartments at East 138th Street, Manhattan, which became subject to the RSL on July 1, 1974, pursuant to an initial legal regulated rent date of June 30, 1973, for building-wide and individual dwelling unit services: June 30, 1973; (v) for housing accommodations which are subject to this Code solely as a condition of receiving or continuing to receive benefits pursuant to section 11-243 (formerly J51-2.5) or 11-244 (formerly J51-5.0) of the Administrative Code of the City of New York, as amended, for building-wide and individual unit services: January 1, 1976, or the date of the issuance of a Certificate of Reasonable Cost, whichever is later; (vi) for housing accommodations for which rents are established by governmental agencies pursuant to the PHFL, or which are first made subject to this Code pursuant to the PHFL, the building- wide and individual unit services which were required for approval in connection with the establishment of initial rents pursuant to the PHFL: the effective date of the initial rents; (vii) for housing accommodations whose rentals were previously regulated under the PHFL or any other State or Federal law, other than the RSL or the City Rent Law: the date such regulation ends; (viii) for housing accommodations contained in Class B multiple dwelling units, including single room occupancy facilities, rooming houses or rooming units made subject to the ETPA on June 4, 1981, for building-wide and individual dwelling unit services: June 4, 1981; (ix) for housing accommodations which are first made subject to this Code pursuant to article 7-C of the MDL, for building-wide and individual dwelling unit services: the effective date of the initial rents established by the Loft Board; (x) for all other housing accommodations not subject to the RSL on June 30, 1974, which become subject to the RSL on or after July 1, 1974 pursuant to the ETPA, for building-wide and individual dwelling unit services: May 29, 1974. A service as defined in paragraph (3) of this subdivision for which there is or was a separate charge, shall not be subject to the provisions of this Code where no common ownership between the operator of such service and the owner exists or existed on the applicable base date, or at any time subsequent thereto, and such service is or was provided on the applicable base date and at all times thereafter by an independent contractor pursuant to a contract or agreement with the owner. Where, however, on the applicable base date or at any time subsequent thereto, there is or was a separate charge, and there is or was common ownership, directly or indirectly, between the operator of such service and the owner, or the service was provided by the owner, any increase, other than the charge provided in the initial agreement with a tenant to lease, rent or pay for such service, shall conform to the applicable rent guidelines rate. However, notwithstanding such common ownership, where such service was not provided primarily for the use of tenants in the building or building complex on the applicable base date or at any time subsequent thereto, such increases shall not be subject to any guidelines limitations. (5) Each housing accommodation must be painted at least once every three years in compliance with title 27 of the Administrative Code of the City of New York (the Housing Maintenance Code). In no event shall a tenant be required to pay a painting deposit or to contribute to the cost of the painting except to the extent the owner agrees to provide services in connection with the painting which are not required, and the tenant consents in writing to pay therefor. Any painting deposit previously required shall be returned to the tenant on renewal of his or her lease. (s) Documents. Records, books, accounts, correspondence, memoranda and other documents, and copies, including microphotographic copies, of any of the foregoing. (t) Final order. A final order shall be an order of a rent administrator not appealed to the commissioner within the period authorized pursuant to section 2529.2 of this Title, or an order of the commissioner. Sec. 2520.7. EFFECTIVE DATE. In accordance with the provisions of the State Administrative Procedure Act, this Code shall be effective May 1 , 1987, and all amendments to this Code shall become effective in accordance with the State Administrative Procedure Act. Where implementation of a provision would require new or significantly revised filing procedures or notice requirements, the DHCR may postpone implementation of such provision, as required, for up to 180 days after the effective date of this Code, by an advisory opinion issued pursuant to section 2527.11 of this Title, which shall be available to the public on such effective date. Where such postponement is deemed necessary, current filing procedures, notice requirements, or forms, if any, may be utilized until revision thereof. Sec. 2520.8. AMENDMENT OR REVOCATION. Any provision of this Code may be amended or revoked at any time in accordance with the procedure set forth in chapter 888 of the Laws of New York for the year 1985, or as otherwise provided by the State Administrative Procedure Act. Sec. 2520.9. FILING OF AMENDMENTS. Such amendment or revocation shall be filed with the Secretary of State and shall take effect upon the date of filing unless otherwise specified therein or as otherwise provided by the State Administrative Procedure Act. Sec. 2520.10. SEPARABILITY. If any provision of this Code or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this Code and the applicability of such provision to other persons or circumstances shall not be affected thereby. Sec. 2520.11. APPLICABILITY. This Code shall apply to all or any class or classes of housing accommodations made subject to regulation pursuant to the RSL or any other provision of law, except the following housing accommodations for so long as they maintain the status indicated below: (a) housing accommodations subject to the City Rent Law; (b) housing accommodations owned, operated or leased by the United States, the State of New York, any political subdivision, agency or instrumentality thereof, any municipality or any public housing authority; (c) housing accommodations for which rentals are fixed by the DHCR or HPD, unless, after the establishment of initial rents, the housing accommodations are made subject to the RSL pursuant to applicable law, or housing accommodations subject to the supervision of the DHCR or HPD under other provisions of law or the New York State Urban Development Corporation, or buildings aided by government insurance under any provision of the National Housing Act to the extent the RSL or any regulation or order issued thereunder is inconsistent with such act. However, housing accommodations in buildings completed or substantially rehabilitated prior to January 1, 1974, and whose rentals were previously regulated under the PHFL or any other State or Federal law, other than the RSL or the City Rent Law, shall become subject to the ETPA, the RSL and this Code, upon the termination of such regulation. An owner of such housing accommodations shall not be eligible for a rent adjustment pursuant to section 2522.4(b) or (c) of this Title, for a period of three years, where such owner would not qualify for such rent adjustment in the absence of a voluntary dissolution, termination, or reconstitution pursuant to the PHFL or other State or Federal laws; (d) buildings containing fewer than six housing accommodations on the date the building first became subject to the RSL, unless such buildings are otherwise subject to this Code pursuant to the RSL or other statutes and regulations; for the purposes of this subdivision, a building shall be deemed to contain six or more housing accommodations if it was part of a multiple family garden-type maisonette dwelling complex containing six or more housing accommodations having common facilities such as a sewer line, water main or heating plant and was operated as a unit under common ownership on the date the building or complex first became subject to the RSL, notwithstanding that Certificates of Occupancy were issued for portions thereof as one- or two-family dwellings; (e) housing accommodations in buildings completed or buildings substantially rehabilitated as family units on or after January 1, 1974, except such buildings which are made subject to this Code by provision of the RSL or any other statute; (f) housing accommodations owned, operated, or leased or rented pursuant to governmental funding, by a hospital, convent, monastery, asylum, public institution, or college or school dormitory or any institution operated exclusively for charitable or educational purposes on a nonprofit basis, and occupied by a tenant whose initial occupancy is contingent upon an affiliation with such institution; however, a housing accommodation occupied by a nonaffiliated tenant shall be subject to the RSL and this Code; (g) rooms or other housing accommodations in hotels where such housing accommodations (1) are used for transient occupancy; (2) were rented on May 31, 1968 for more than $350 per month or $88 per week; or (3) are contained in a hotel which was constructed after July 1, 1969; (h) any motor court, or any part thereof, any trailer, or trailer space used exclusively for transient occupancy or any part thereof; or any tourist home serving transient guests exclusively, or any part thereof. The term "tourist home" shall mean a rooming house which caters primarily to transient guests and is known in the community as a tourist home; (i) nonhousekeeping, furnished housing accommodations, located within a single dwelling unit not used as a rooming or boarding house, but only if: (1) no more than two tenants for whom rent is paid (husband and wife being considered one tenant for this purpose), who are not members of the owner's immediate family, live in such dwelling unit; and (2) the remaining portion of such dwelling unit is occupied by the owner or his or her immediate family; provided that this exemption shall not apply where the tenancy commenced prior to July l, 1971; (j) housing accommodations in buildings operated exclusively for charitable purposes on a nonprofit basis; (k) housing accommodations which are not occupied by the tenant, not including subtenants or occupants, as his or her primary residence as determined by a court of competent jurisdiction; (l) housing accommodations contained in buildings owned as cooperatives or condominiums on or before June 30, 1974; or thereafter, as provided in section 352-eeee of the General Business Law in accordance with section 2522.5(h) of this Title; (m) housing accommodations occupied by domestic servants, superintendents, caretakers, managers or other employees to whom the space is provided as part or all of their compensation without payment of rent and who are employed for the purpose of rendering services in connection with the premises of which the housing accommodation is a part; (n) housing accommodations used exclusively for professional, commercial, or other nonresidential purposes; (o) housing accommodations in buildings completed or substantially rehabilitated as family units on or after January 1, 1974, or located in a building containing less than six housing accommodations, and which were originally made subject to regulation solely as a condition of receiving tax benefits pursuant to section 11-243 (formerly J51-2.5) or section 11-244 (formerly J51-5.0) of the Administrative Code of the City of New York, as amended, or article XVIII of the PHFL; and thereafter receipt of such tax benefits has concluded pursuant to these sections or article XVIII, and: (1) for housing accommodations which were subject to the RSL pursuant to section 11-243(formerly J51-2.5) or section 11-244 (formerly J51-5.0) or PHFL article XVIII became vacant; or (2) for housing accommodations which received benefits pursuant to section 11-243 (formerly J51-2.5) or section 11-244 (formerly J51-5.0) or article XVIII of the PHFL, each lease and each renewal thereof of the tenant in residence at the time of the expiration of the tax benefit period includes a notice, in at least 12-point type informing such tenant that the housing accommodation shall become deregulated upon the expiration of the last lease or rental agreement entered into during the tax benefit period, and states the approximate date on which such tax benefit period is scheduled to expire; (p) housing accommodations in buildings completed or substantially rehabilitated as family units on or after January 1, 1974 or located in a building containing less than six housing accommodations, and which were originally made subject to regulation solely as a condition of receiving tax benefits pursuant to section 421-a of the Real Property Tax Law, as amended, and: (1) the housing accommodations which were subject to the RSL pursuant to section 421-a became vacant; or (2) for housing accommodations which first became subject to the rent stabilization requirements of section 42 I- a after July 3, 1984, where each lease and each renewal thereof of the tenant in occupancy at the time the period of tax exemption pursuant to section 421-a expires, contains a notice in at least 12-point type informing such tenant that the housing accommodation shall become deregulated upon the expiration of the last lease or rental agreement entered into during the tax benefit period and states the approximate date on which such tax benefit period is scheduled to expire; (q) housing accommodations which would otherwise be subject to rent regulation solely by reason of the provisions of article 7-C of the MDL requiring rent regulation, but which are exempted from such provisions pursuant to section 286(6) and 286(12) of the MDL; (r) housing accommodations exempted pursuant to any other provision of law. Sec. 2520.12. EFFECT OF THIS CODE ON LEASES AND OTHER RENTAL AGREEMENTS. The provisions of any lease or other rental agreement shall remain in force pursuant to the terms thereof, except insofar as those provisions are inconsistent with the ETPA, the RSL or this Code, and in such event such provisions shall be void and unenforceable. For housing accommodations made subject to the RSL and this Code pursuant to section 2520.11 (c) of this Part, where such leases or rental agreements are so inconsistent as to render them ineffective in defining the rights and duties of tenants and owners, the DHCR may order the provision of new leases consistent with the ETPA, the RSL and this Code. No renewal lease or vacancy lease offered to a tenant shall contain any right of cancellation or eviction by the owner during the term thereof except as provided for by the ETPA, the RSL or this Code Sec. 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 where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the DHCR. 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.


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