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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (41)

Full Text

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This sequence of events had two legal implications. First, McKinney's waiver of his right to bring a FMRA is void as a waiver of his rent stabilization rights (9 NYCRR 2520.13; 9 NYCRR 2521.1[a][1]). Second, McKinney and defendant virtually ensured that the apartment would be deregulated when McKinney vacated, because the application to the illegal rent of vacancy increase and high rent vacancy decontrol in effect at that time would cause the apartment to be deregulated. This is exactly what occurred. This also constituted an impermissible waiver of rent stabilization rights (Drucker v Mauro, 30 AD3d 37, 38 [1st Dept 2006], lv dismissed 7 NY3d 844 [2006]).