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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Footnote 8: The majority attempts to distinguish Jazilek on the basis that it involved the impermissible waiver of a different rent stabilization right than the ones at issue in this case. However, the reasoning in Jazilek that a party to an agreement may not waive rent stabilization rights for themselves or for future tenants, regardless of whether a party is a tenant of record at the time they execute the agreement, is equally applicable no matter what particular right the agreement purports to waive. Indeed, the Rent Stabilization Code does not limit the prohibition on waivers to any particular right, but rather provides that an agreement to waive "the benefit of any provision of the RSL or this Code is void" (9 NYCRR 2520.13 [emphasis added]).

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