Landlord Not Required to Add Tenant's Domestic Partner as Co-Tenant

Rent-stabilized tenant complained of an improper lease renewal after landlord refused his request to add his domestic partner to the renewal lease as co-tenant. The DRA ruled against tenant, finding no violation of the Rent Stabilization Code. Tenant appealed and lost. Rent Stabilization Code Section 2522.5(g) states that tenants have the right to add their husband or wife to an existing lease or renewal lease as an additional tenant if the spouse lives in the apartment as his or her primary residence. The DHCR defined "spouse" to include either a husband or wife, but not a domestic partner, even if the relationship was formalized by a Certificate of Domestic Partnership. If landlord agreed to add tenant's domestic partner to the lease, it would be entitled to charge tenants a vacancy increase.

Baltra: DHCR Adm. Rev. Docket No. XE410009RT (9/25/09) [3-pg. doc.]