N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2056.15
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 27-2056.14 , 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001 .
Under N.Y.C. Admin. Code §§ 27-2001 & 27-2056.15, no agreement between a building owner and an occupant can strip away the protections that this article of the housing code provides — any such waiver is automatically void and unenforceable. An owner who attempts to obtain such a waiver faces criminal exposure as a misdemeanor, including a fine of up to $500 and/or up to six months of imprisonment, plus a separate civil penalty of up to $500 per violation. The provision also carves out cooperative and condominium arrangements, clarifying that existing or future agreements allocating compliance responsibilities between shareholder-tenants and co-op corporations, or condo unit owners and boards of managers, are not affected, and that owner-occupied co-op and condo units are largely exempt from the article's requirements.
Plain English — not legal advice.
Property owners and managers operating under N.Y.C. Admin. Code §§ 27-2001 & 27-2056.15 should be aware that any lease clause, addendum, or side agreement that purports to have an occupant give up rights granted by this article is legally void from the outset. Compliant operators refrain from including such waiver language in any occupancy documents and do not condition tenancy on an occupant's agreement to forgo these protections. Violations can trigger both misdemeanor criminal liability and civil penalties of up to $500 per violation, so lease templates and renewal documents are typically reviewed to ensure no such provisions appear.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 27-2001 & 27-2056.15, tenants cannot be made to sign away the housing-code protections this article provides — even if such language appears in a signed lease, it carries no legal force. Occupants who believe an owner has attempted to obtain such a waiver may report the conduct to the New York City Department of Housing Preservation and Development, which oversees enforcement of the housing maintenance code. Tenant-rights organizations and legal aid services familiar with New York City housing law can help occupants understand what protections this article covers and what general options exist when those protections are threatened.
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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