Opinion
September 21, 1993
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Treble damages were properly assessed from 1984 against petitioner, which defaulted in appearing and failed to submit any evidence to rebut the tenants' allegations of willful rent overcharge (Rent Stabilization Code [9 N.Y.CRR] § 2526.1; Matter of Lavanant v State Div. of Hous. Community Renewal, 148 A.D.2d 185, 189). Petitioner's reliance upon its 1981 settlement agreement with the tenants in which the latter purported to waive their protections under the Rent Stabilization Law is without merit since the agreement was not authorized by respondent agency or a court of competent jurisdiction (Rent Stabilization Code § 2520.13), and would have been void under the pre-1987 Code as well (see, Emergency Tenant Protection Act of 1974 § 11 [L 1974, ch 576, § 4; McKinney's Uncons Laws of N Y § 8631]). We have considered petitioner's other arguments and find them to be without merit.
Concur — Murphy, P.J., Wallach, Kupferman and Ross, JJ.