Cal. Civ. Code § 796-L
Waiver void
Operative Text
§ 796-l. Waiver void. Any provision of a lease or other agreement whereby any provision of this article for the benefit of a tenant, resident or occupant of a dwelling is waived, shall be deemed against public policy and shall be void.
Under N.Y. Real Prop. Acts & Proc. Law § 796-L, any clause in a lease or other agreement that purports to waive a tenant's, resident's, or occupant's rights under this article of the law is considered contrary to public policy and has no legal force. In other words, the protections this article provides cannot be signed away, regardless of what a lease document says. The rule operates automatically — a waiver provision does not need to be challenged in advance to be unenforceable.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Acts & Proc. Law § 796-L should be aware that lease clauses attempting to have tenants relinquish rights granted by this article are unenforceable as a matter of law. Compliant operators generally review their lease templates to ensure no such waiver language is included, since its presence does not create a binding obligation on the tenant and may raise compliance concerns. Relying on a purported waiver as a basis for any action or defense is inconsistent with what this provision establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 796-L means that even if a tenant, resident, or occupant signed a lease containing language waiving rights under this article, that waiver language is void and cannot be used against them. Tenants who believe a landlord is attempting to enforce such a waiver may have grounds to raise the provision as a defense in a housing proceeding or to file a complaint with the relevant local rent board or housing agency. Tenant-rights organizations can help individuals understand how § 796-L interacts with other protections available under this article.
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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