Landlord Can't Add Clause to Renewal Lease

Tenant's initial rent-stabilized lease contained no attorney's fees clause. Landlord inserted an attorney's fees clause into a subsequent renewal lease. Later DHCR renewal lease forms indicated that the lease continued under the prior terms and conditions. Tenant asked the DHCR if the attorney's fees clause was valid. In an opinion letter, the DHCR said no. The Rent Stabilization Code says that a lease must be renewed on the same terms and conditions as the expiring lease, except for certain lawful rent adjustments. Since the attorney's fees clause wasn't in the vacancy lease, it couldn't be added to the renewal lease.

DHCR Opin. Ltr. by Charles Goldstein (10/21/96) [2-page document]