Landlord Needn't Add Domestic Partner's Name to Renewal Lease

Tenant complained that landlord refused to add the name of tenant's domestic partner to tenant's renewal lease. The DRA ruled against tenant. Tenant appealed and lost. Under Rent Stabilization Code Section 2522.5(g)(1), landlord is only required to add the name of a tenant's spouse to a renewal lease if tenant requests it. The DHCR's position is that a domestic partner doesn't qualify as a spouse under the code, even if tenant has a formal certificate of domestic partnership. If landlord chooses to accept domestic partner as additional tenant, he can request that tenant and domestic partner sign a new lease with a vacancy increase.

Zagrosik: DHCR Adm. Rev. Dckt. No. SB410049RT (4/20/04) [3-pg. doc.]