Landlord Must Add Spouse's Name to Lease

Rent-stabilized tenant complained to the DHCR that landlord wouldn't add his wife's name to a renewal lease after tenant requested it. The DHCR ruled for tenant and ordered landlord to offer a renewal lease naming tenant and his wife. Landlord appealed. Tenant had rented the apartment in the name of his corporate business. The DHCR previously had ruled for tenant in an overcharge complaint where tenant claimed that landlord made him rent the apartment under his business name. But tenant continued to use the business name on renewal leases after that. Landlord claimed that tenant did so for tax benefits and now sought to add his wife's name to the lease because they were separated and he had agreed to give her the apartment. The court and appeals court ruled against landlord. It didn't matter that tenant continued to use his corporate name on renewal leases. Landlord showed no proof of its claims. Tenant was entitled by law to have his wife's named added to the renewal lease.

20 W. 76th St. LLC v. DHCR: NYLJ, 6/5/03, p. 18, col. 5 (App. Div. 1 Dept.; Andrias, JP, Saxe, Lerner, Friedman, Marlow, JJ)