(d) Limitations. No provision may be made in
any vacancy or renewal lease for adjustment of the legal regulated rent
reserved in the lease except as follows:
(1)
if the applicable rent guidelines rate has not been fixed by the execution date
of the vacancy lease or the renewal offer, the lease may make provision for the
rent increase, if any, pursuant to the said rate when filed, to become
effective as of the commencement date of the lease term, unless the rent
guidelines board shall have fixed a later effective date for the said rate, in
which event the adjustment may only be effective as of the later
date;
(2) where such lease provides
that the rental reserved therein may be increased pursuant to an order issued
by the DHCR; or
(3) where such
lease provides that a rent increase shall be in the amount, if any, authorized
by the DHCR in the event an application is filed to establish a hardship
pursuant to section
of this Part; and2522.4(c) or (d)
(4) in the case
of a vacancy lease, where an application for a rent adjustment pursuant to
2522.4(b), (c) or (d) of this Part is pending before the DHCR, such lease also
recites that such application is pending before the DHCR and the basis for the
adjustment, and that the increase which is the subject of such application, if
granted, may be effective during the term of the lease.
(e) Escalator clauses.
(1) Regardless of whether an escalator clause
was contained in the last effective lease or other rental agreement prior to
April 1, 1984, no renewal lease or vacancy lease commencing on or after April
1, 1984 shall provide for any escalator clause, except that nothing herein
shall prohibit the use of escalator clauses otherwise required by any other
statute or regulation affecting the housing accommodation.