N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2017.12
Waiver of benefit void (New York City Housing Maintenance Code)
Operative Text
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)
N.Y.C. Admin. Code § 27-2017.12 establishes that any agreement in which a dwelling unit occupant gives up the rights or protections provided by this article is legally void and unenforceable. Owners are prohibited from even attempting to obtain such a waiver. The provision carves out specific exceptions for cooperative shareholders and condominium unit owners, and it does not apply to New York City Housing Authority units.
Plain English — not legal advice.
Under N.Y.C. Admin. Code § 27-2017.12, compliant property owners refrain from including waiver clauses in leases or other agreements that would purport to strip occupants of their statutory protections under this article. Owners who violate this section face both criminal exposure—a misdemeanor carrying a fine of up to $500 and/or up to six months' imprisonment—and a civil penalty of up to $500 per violation. Operators of cooperative or condominium buildings should note the limited exceptions in subsections (b) and (c), which address how compliance responsibilities may be allocated between shareholders or unit owners and their respective governing bodies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code § 27-2017.12 means that if a lease or any other agreement contains language asking you to give up protections granted by this article, that language has no legal force. Tenants who believe an owner has attempted to obtain such a waiver may consider raising the violation as a defense in a housing proceeding, filing a complaint with the New York City Department of Housing Preservation and Development, or reaching out to a tenant-rights organization for general guidance. Note that this provision does not extend to units occupied by cooperative shareholders or condominium unit owners, nor to New York City Housing Authority residents.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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