Landlord Not Required to Add Tenant's Domestic Partner to Renewal Lease

Rent-stabilized tenant complained to the DHCR that landlord refused to add his domestic partner to his lease as a co-tenant. Tenant submitted a copy of 2019 Certificate of Domestic Partnership, which had been submitted to the landlord. The DRA ruled for tenant after landlord failed to answer the complaint. Landlord appealed and won. Landlord claimed that it had answered the DRA, and argued that RSC Section 2522.5(g)(1) required only a spouse, and not a domestic partner, to be added to a rent-stabilized lease. Landlord cited a prior DHCR decision in a separate case, which had been upheld in court. The DHCR found that, while there was no proof that landlord answered the complaint, no response from landlord was needed for the DHCR to decide this case. The law is clear that, unlike spouses, domestic partners need not be added to a rent-stabilized lease and the DHCR can't compel landlord to do so.

140 East 46th Street LLC: DHCR Adm. Rev. Docket No. KN410012RO (6/24/22)[2-pg. document]