Attorney's Fees Provision in Renewal Lease Invalid

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court and appeals court ruled against landlord, and landlord again appealed. The second appeals court also ruled against landlord. Landlord claimed it should get attorney's fees under an attorney's fees provision in tenant's renewal lease. But there was no provision in tenant's initial lease for recovery of attorney's fees in the event that landlord won a court case against tenant. So the attorney's fees provision in the renewal lease was invalid under the Rent Stabilization Code, which says that the renewal lease must have the same terms and conditions as the expired lease. And tenant can't give up his rights under the Rent Stabilization Code.

East Eleventh St. Assocs. v. Breslow: NYLJ, p. 27, col. 1 (12/14/98) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Wallach, Saxe, JJ)