A Queens-based landlord and management company must remove lease provisions that required tenants to surrender their right to challenge whether their apartments qualify for rent regulation, New York Attorney General Letitia James announced Thursday.
The attorney general’s office said its investigation found that Samson Management required 416 current New York City tenants to sign the illegal lease riders. Under a settlement, the company must remove the provisions, notify affected current tenants that they are void, undergo oversight and pay a $2,000 fine.
Lease riders threatened eviction over rent-status challenges
A lease rider is an add-on to the main rental agreement. According to the attorney general’s office, Samson’s rider required tenants to waive their right to claim or contest that their apartment was covered by rent regulation laws. It also made the lease contingent on signing the agreement and threatened eviction if tenants challenged their apartment’s regulatory status.
Investigators found no examples of Samson enforcing the rider against a resident. The office said the provision itself was illegal because it required tenants to give up protected rights as a condition of obtaining housing.
The investigation began in June after a tenant organizer complained about the riders. Samson owns and manages more than 3,000 residential apartments in New York City, Westchester and on Long Island, according to the attorney general’s announcement. The office identified the 416 affected current tenants as New York City residents.
“It is unconscionable that a landlord would force tenants to sign away their fundamental rights as a condition to live in their home,” James said in the release.
Settlement requires removal, notices and oversight
Samson must remove the prohibited riders from all current leases and leave the provisions out of future leases. It must also send letters to current tenants who signed the riders explaining that the provisions are void.
The agreement also requires the company to participate in an oversight program with the attorney general’s office and pay the fine. The announcement does not establish that every affected apartment is covered by rent regulation; the provisions improperly restricted tenants’ ability to raise that question.
The attorney general’s office said New York law prohibits residential leases from requiring tenants to waive their right to litigate or protections under rent stabilization law. James urged tenants to watch for language threatening eviction if they assert that their apartment is subject to rent regulation.
Tenants who suspect their leases contain such language can contact the attorney general’s office at 800-771-7755.
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