No Need to Add Domestic Partner's Name

Tenant asked the DHCR to direct landlord to add the name of tenant's gay domestic partner to his lease. Tenant had lived in the apartment since 1991. His domestic partner moved into the apartment in 1993. They were registered as domestic partners with the City of New York, and there was no question that they had an emotionally and financially dependent relationship. The DHCR ruled against tenant. Tenant appealed, claiming that the DHCR's decision was arbitrary and unreasonable. He also claimed discrimination. The court ruled against tenant. Rent Stabilization Code Section 2522.5(g) only requires landlord to add a husband's or wife's name to a lease, if requested. New York law doesn't give domestic partners the same rights as married couples. New York courts have ruled that same-sex couples don't have a fundamental right to a marriage license. And New York City discrimination laws only bar landlord from denying housing based on sexual orientation. Tenant's domestic partner also had the protection of pass-on rights under the rent stabilization law.

Zagrosik v. DHCR: NYLJ, 7/5/06, p. 26, col. 3 (Sup. Ct. NY; Figueroa, J)