Cal. Civ. Code § 11
Non-waiver of rights
Operative Text
§ 11. Non-waiver of rights. Any provision of a lease or other rental agreement which purports to waive a tenant's rights under this act or regulations promulgated pursuant thereto shall be void as contrary to public policy.
Under N.Y. Unconsol. Law (ETPA) § 11, any clause in a lease or rental agreement that attempts to strip away a tenant's rights established by the Emergency Tenant Protection Act or its implementing regulations has no legal force. The provision treats such clauses as void against public policy, meaning they cannot be enforced regardless of whether a tenant signed the agreement containing them. The rule effectively prevents landlords and tenants from privately contracting around the protections the ETPA was designed to provide.
Plain English — not legal advice.
Property owners and managers operating under the ETPA should be aware that N.Y. Unconsol. Law (ETPA) § 11 renders unenforceable any lease language that purports to have a tenant give up ETPA-based rights. Compliant operators generally review their lease templates to ensure no clause—whether labeled a waiver, release, or acknowledgment—attempts to disclaim or limit those statutory protections. Including such language does not merely fail to bind the tenant; it is void as a matter of public policy, which can affect the overall integrity of the lease instrument.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Unconsol. Law (ETPA) § 11 means that a tenant does not lose ETPA protections simply because a lease contains language purporting to waive them—such clauses are void and carry no legal effect. If a landlord attempts to enforce a lease provision that conflicts with ETPA rights, a tenant may be able to raise the nullity of that clause as a defense in a housing proceeding or before the applicable rent board. Tenant-rights organizations and legal aid offices familiar with ETPA can help explain what rights are protected and what avenues exist for addressing violations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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