Landlord Must Add Spouse's Name to Renewal Lease

Tenant complained that landlord didn't return to him a fully signed renewal lease that included his wife's name. Landlord claimed that tenant's wife didn't live in the apartment as her primary residence. The DRA ruled for tenant and ordered landlord to add the wife's name to the renewal lease and send tenant a fully signed copy. Landlord appealed and lost. Rent Stabilization Code Section 2522.5(g)(1) states that the name of tenant's spouse may be added to the lease as long as the spouse lives in the apartment as her primary residence. Tenant submitted to the DRA various documents including copies of his wife's driver's license, voter registration card, 2004 W-2 form, and joint tax returns for 2002 and 2003, to show her residence in the apartment. Landlord never named an alternate address for the wife and submitted no proof to support its claim that she didn't reside primarily in the apartment.

790 RSD, LLC: DHCR Adm. Rev. Dckt. No. TC410051RO (5/5/05) [3-pg. doc.]