Landlord Must Add Tenant's Son's Name to Renewal Lease

LVT Number: #20767

Rent-stabilized tenant complained that landlord sent her an improper renewal lease. She claimed that her son's name should be added to the renewal. The DRA ruled against tenant, finding that landlord wasn't required to add the son's name. Tenant appealed, and submitted a copy of her prior renewal lease. Her son's name was on the prior renewal. The DHCR ruled for tenant. Since the DRA never asked tenant to submit proof that her son was on any prior lease, the DHCR accepted this proof on appeal.

Rent-stabilized tenant complained that landlord sent her an improper renewal lease. She claimed that her son's name should be added to the renewal. The DRA ruled against tenant, finding that landlord wasn't required to add the son's name. Tenant appealed, and submitted a copy of her prior renewal lease. Her son's name was on the prior renewal. The DHCR ruled for tenant. Since the DRA never asked tenant to submit proof that her son was on any prior lease, the DHCR accepted this proof on appeal. And Rent Stabilization Code Section 2522.5(g)(1) requires landlord to renew tenant's lease on the same terms and conditions as her last lease. So landlord must amend tenant's Nov. 1, 2007, renewal lease to include the son's name as co-tenant.

Ruiz: DHCR Adm. Rev. Docket No. WE610039RT (7/25/08) [2-pg. doc.]

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