Landlord Doesn't Need to Add Son's Name

Rent-stabilized tenant refused to sign renewal lease unless landlord added his son's name to the lease. Landlord asked the DHCR if it was required to do so. In an opinion letter, the DHCR said no. Rent Stabilization Code Section 2523.5(a) requires the renewal lease to name the tenant. The only exception to this rule under the Code is that landlord must add the name of tenant's spouse if tenant requests this. If landlord adds the name of tenant's son to the lease, a new tenancy is created and landlord can collect a vacancy increase.

DHCR Opin. Ltr. by Charles Goldstein (2/4/02) [3-pg. doc.]