IN RE: Application of The DELANO VILLAGE COMPANIES by AXELROD MANAGEMENT CO. (1997)

Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about June 26, 1996, which, in an Article 78 proceeding, (1) granted the petition and annulled an order of respondent Division of Housing & Community Renewal (“DHCR”) dated March 8, 1995, modifying a prior DHCR order dated October 13, 1994, and (2) reinstated the October 13, 1994 DHCR order, unanimously reversed, on the law and the facts, without costs, the application denied and petition dismissed.

 The determination by DHCR in the March 8, 1995 order had a rational basis and was not arbitrary and capricious.   A stipulation in Housing Court on March 2, 1990 settling claims by tenants on the premises did not preclude the tenants, who were parties to the stipulation, from subsequently filing a complaint with DHCR in 1992, pursuant to Rent Stabilization Law (“RSL”) section 26-514, for a rent reduction due to petitioner's failure to provide required services.   The remedy provided by RSL section 26-514 is “[i]n addition to any other remedy provided by law.”   Nor could the tenants prospectively waive their right to relief under RSL section 26-514 (see, Rent Stabilization Code [9 NYCRR 2520.13] ).  Prospective waivers of rent stabilization rights in a settlement agreement are invalid as a matter of public policy (see, Draper v. Georgia Properties, 230 A.D.2d 455, 457, 660 N.Y.S.2d 556;  Cvetichanin v. Trapezoid Land Co., 180 A.D.2d 503, 504, 580 N.Y.S.2d 23, lv. dismissed, 79 N.Y.2d 933, 583 N.Y.S.2d 184, 592 N.E.2d 792).   Petitioner's remaining contentions are without merit.

MEMORANDUM DECISION.