Landlord Can't Reserve Right to Do Future Work

Landlord wanted to lease a rent-stabilized apartment at a lawful rent of $620. Landlord asked the DHCR if it could include a lease clause by which landlord agreed to renovate the apartment a year or two later, and tenant agreed to a rent increase, making the rent $1,200. In an opinion letter, the DHCR said no. The DHCR stated that this arrangement would be invalid because it would constitute a waiver of tenant's rights under rent stabilization. Landlord must get tenant's written consent to collect a rent increase for apartment improvements made while tenant is in occupancy. Here, however, tenant would be agreeing to pay a rent increase before taking occupancy. The Rent Stabilization Code bars conditional rentals. Under landlord's proposal, tenant would also have to move out for two months while landlord performed the renovation work. Tenant has a right to continued occupancy under rent stabilization.

DHCR Opin. Ltr. by Charles Goldstein (6/14/96) [2-page document]