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What is NYC AC § 27-2017.12?

Quick Answer

This section prohibits owners from seeking waivers of benefits or protections from occupants of dwelling units. Any such agreements are considered void. Violations can result in misdemeanor charges and civil penalties. Applies to building owners and property operators managing dwelling units.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 27-2017.12 Waiver of benefit void.

AC § 27-2017.12

a. No owner may seek to have an occupant of a dwelling unit waive the benefit or protection of any provision of this article. Any agreement by the occupant of a dwelling unit purporting to waive the benefit or protection of any provision of this article is void. Any owner who violates this section, or the rules promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both. In addition, any owner who violates this section shall be liable for a civil penalty of not more than five hundred dollars per violation. b. Notwithstanding any other provision of this article, nothing herein shall be construed to alter existing or future agreements which allocate responsibility for compliance with the provisions of this article between a tenant shareholder and a cooperative corporation or between the owner of a condominium unit and the board of managers of such condominium. c. The provisions of this article, other than section 27-2017.10, shall not apply to a dwelling unit in a multiple dwelling where (i) title to such multiple dwelling is held by a cooperative housing corporation or such dwelling unit is owned as a condominium unit, and (ii) such dwelling unit is occupied by the shareholder of record on the proprietary lease for such dwelling unit or the owner of record of such condominium unit, as is applicable, or the shareholder's or record owner's family. d. The provisions of this article shall not apply to dwelling units owned and operated by the New York city housing authority. (L.L. 2018/055, 1/19/2018, eff. 1/19/2019)

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