Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)

Citation: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Parent Document: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-12-08
Original Source: https://www.courtlistener.com/opinion/9328646/liggett-v-lew-realty-llc/ ↗

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An agreement by a tenant to waive the benefit of any provision of the rent control law is expressly prohibited and void (9 NYCRR 2200.15; Grasso v Matarazzo, 180 Misc 2d 686, 687 [App Term, 2d Dept 1999]). However, when McKinney and defendant settled their dispute over McKinney's status, McKinney was not a tenant (Kent v Bedford Apts. Co., 237 AD2d 140 [1st Dept 1997])[FN1]. He was not on the lease and had no evident rights, other than being an occupant of the apartment who claimed that he had succession rights when Brown died.[FN2] Defendant, on the other hand, denied that McKinney was anything other than a squatter/licensee or possible roommate of the deceased. By entering into the 2000 stipulation, both sides, represented by counsel, resolved their dispute as to whether McKinney had any statutory right to the apartment. By doing so, McKinney and defendant chose the certainty of settlement, rather than the uncertainty of a judicial declaration about McKinney's status (Kent at 140). There is no public policy for disregarding that choice (id.).

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