Landlord Doesn't Have to Add Tenant's Daughter's Name to Lease

Rent-stabilized tenant complained that landlord refused to allow her to add her daughter's name to renewal lease. The DRA ruled for tenant. The DRA found that tenant was elderly, needed her daughter's assistance, that the daughter would have pass-on rights to the apartment when tenant died, and that ``consideration of the equities'' under the Rent Stabilization Code favored tenant. Landlord appealed and won. The Rent Stabilization Code permits the DHCR to rule on whether a family member can have a renewal lease only after tenant dies or moves out. Only a spouse who lives in the apartment as his or her primary residence may be added to a lease as an additional tenant of a living rent-stabilized tenant in occupancy.

Jonathan Woodner Co.: DHCR Adm. Rev. Dckt. No. IC410203RO (9/19/96) [2-page document]