No Additional Occupant Rent Hike for Tenant's Domestic Partner

Landlord asked the DHCR for a 10 percent rent increase because rent-controlled tenant had an additional adult occupant living in her apartment. Tenant claimed that the additional occupant was an immediate family member and therefore the rent increase didn't apply. The DRA ruled for landlord and increased tenant's rent. Tenant appealed, arguing that she shared an emotional and economic commitment with occupant, who had lived with her since 1993. The DHCR ruled for tenant. Tenant submitted sufficient proof that occupant was her domestic partner. In 1993, they signed an Affidavit of Domestic Partnership, they lived together in the apartment for over 14 years, tenant made occupant her sole beneficiary under her insurance policy, and some family mail was addressed to them together. They also shared a joint banking account and a joint rent insurance policy. Occupant's retirement benefits statement also stated that tenant was her beneficiary and domestic partner.

Polster: DHCR Adm. Rev. Docket No. WB220007RT (4/10/08) [4-pg. doc.]