regulated rights waived?

[drone]

If a a lease-rider was signed stating the unit was not rent stabilized and it was later determined that it is, has the tenant waived their rights to rent stabilization?

If not, what is the most effective method of rectifying the situation (i.e. wait until lease renewal, pursue immediately?)

[dakellner@kcdlaw.com]

A tenant cannot waive his or her rights under the Rent Stabilization Law, except in very limited circumstances. Rent Stabilization Code 2520.13 says: "An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties with the approval of DHCR, or a court of competent jurisdiction where a tenant is represented by counsel, a tenant may withdraw , with prejudice, any complaint pending before DHCR."

You should check with the borough office of DHCR to determine whether your landlord has registered your apartment and at what rent. If the apartment is not registered at the rent you actually pay, file a rent overcharge complaint that objects to the registration. Remember, a fraudulently filed rent registration can become binding if it is challenged within four years!