Landlord Must Add Tenant's Same-Sex Spouse to Lease

Rent-stabilized tenant complained that landlord refused to add the name of tenant's spouse to tenant's lease. The DRA ruled for tenant and directed landlord to add the name of tenant's spouse to the apartment lease as a co-tenant. Landlord appealed and lost. Landlord claimed that tenant had refused to go through a tenant screening check applicable to all new tenants. Tenant argued that he had lived in the building since 1994 and wasn't required to undergo additional screening. The DHCR stated that Rent Stabilization Code Section 2522.5(g)(1) gave a tenant the right to have his or her spouse added to a vacancy or renewal lease. Tenant had produced a marriage certificate and proof that his spouse lived in the apartment as a primary residence. Therefore, tenant was entitled to have his spouse's name added to the lease. Under New York Domestic Relations Law Section 10-a, tenant's marriage to a same-sex partner was valid and no government treatment related to the marriage shall differ based on the sex of the parties to the marriage. As tenant argued, no additional screen should be placed on tenant or the spouse as a condition to adding the spouse's name to the lease.

Ark Ventures Midtown Inc.: DHCR Adm. Rev. Docket No. FP410040RO (2/8/18) [3-pg. doc.]