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In the Matter of DELANO VILLAGE COMPANIES, by AXELROD MANAGEMENT CO., INC., Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and VALERIE ORRIDGE et al., Inter

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] Administrative Code of City of N.Y.) § 26-514, for a rent reduction due to petitioner's failure to provide required services. The remedy provided by RSL § 26-514 is "[i]n addition to any other remedy afforded by law." Nor could the tenants prospectively waive their right to relief under RSL § 26-514 ( see, Rent Stabilization Code [ 9 N.Y.CRR] 2520.13). Prospective waivers of rent stabilization rights in a settlement agreement are invalid as a matter of public policy ( see, Draper v. Georgia Props., 230 A.D.2d 455, 457; Cvetichanin v. Trapezoid Land Co., 180 A.D.2d 503, 504, lv dismissed 79 N.Y.2d 933). Petitioner's remaining contentions are without merit.

Concur — Murphy, P.J., Sullivan, Tom, Mazzarelli and Colabella, JJ.

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MATTER OF DELANO v. NEW YORK STATE DHCR
(Dec 23, 1997)