Attorney's Fee Provision Added to Stabilized Renewal Lease

Landlord sued to evict tenant. The court ruled against landlord. Tenant then sought attorney's fees. The court ruled against tenant, who appealed and lost. Tenant's initial rent-stabilized lease didn't contain a provision for attorney's fees that tenant could rely on. A later provision for attorney's fees in tenant's renewal leases created a broader obligation by tenant to reimburse landlord for attorney's fees. While such right was, by law, reciprocal, the attorney's fee clause itself was unenforceable because a rent-stabilized lease must be renewed on the same terms and conditions as the initial lease.

303 E. 37th Sponsors Corp. v. Goldstein: NYLJ, 11/15/10, p. 18, col. 2 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)