Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)

Citation: Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)
Parent Document: Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-04-03
Original Source: https://www.courtlistener.com/opinion/10491002/reichenbach-v-jacin-invs-corp/ ↗

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With respect to apartment 5J, the motion court properly determined that the February 2, 2015 Civil Court stipulation under which plaintiff Erika Abrams settled a nonpayment proceeding brought by the owner, in which they purported to agree that the apartment was not subject to rent stabilization, was void (Gersten v 56 7th Ave. LLC, 88 AD3d at 199). Under 9 NYCRR 2520.13, agreements to waive the RSL and RSC are void, but "a tenant may withdraw, with prejudice, any complaint pending" by negotiated settlement where the tenant is represented by counsel. Thus, although the withdrawal of her claims in the nonpayment proceeding was permissible, the waiver of the protections of the RSL and RSC was not.

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