[RPPTL Leasing Committee] Validity of

[Anne Q. Pollack]

Hello!
I'm looking for some guidance on a legal issue that is causing us confusion.


I’m sorry I didn’t get to this earlier. I’ve started reading everything but I need to really sit down with it and look at cases. Am I right that the question is whether the escalating clause provision is effective after 1988? Because we’re pretty sure that, based on caselaw, it would be effective before 1988. Is the case law such that even though the legislature appears to have intended to retroactively apply the prohibition from 1988 forward, it still may be an impairment of contract. And thus the escalation clause, without any reference in the lease to abiding by future statutory changes, would still be legal.


ANNE Q. POLLACK | SENIOR COUNSEL
(She/Her)

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