Ithaca, N.Y., Code of Ordinances ch. 258 § 258-9

Waiver of provisions void

In Force
Verified 11/7/2026 · Next check 2/5/2027
IthacaSecurity Deposits

Operative Text

Ithaca, N.Y., Code of Ordinances ch. 258 § 258-9
Any attempted waiver of the terms of this article by a landlord or tenant, by contract or otherwise, shall be deemed to be against public policy and shall be considered void and unenforceable.
Source: Legislative text reproduced verbatim
Plain English

Under Ithaca, N.Y., Code of Ordinances ch. 258 § 258-9, neither a landlord nor a tenant can legally give up the protections or obligations established by Article 258 through a contract clause, side agreement, or any other means. Any such waiver—regardless of how it is worded or agreed upon—is treated as contrary to public policy and has no legal effect. The article's terms remain in force even if both parties sign a document purporting to waive them.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to Ithaca's rent regulations should be aware that ch. 258 § 258-9 renders unenforceable any lease clause or separate agreement that attempts to have a tenant surrender rights granted under Article 258. Compliant landlords generally avoid including waiver language in leases or addenda that would purport to opt out of the article's requirements. Reviewing lease templates with this provision in mind helps ensure that no clause inadvertently attempts to contract around the ordinance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under ch. 258 § 258-9, tenants retain the protections of Ithaca's rent regulations even if a lease or other document contains language suggesting those rights were waived. If a landlord attempts to enforce such a waiver, a tenant may raise the provision's nullification of that clause as a defense in any relevant proceeding. Tenant-rights organizations in Ithaca can help individuals understand how this protection applies and what general options 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 November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT

Source Information

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Fetched:Nov 7, 2026, 07:14 AM UTC