Tenant Wants to Add Son's Name

April 1, 2006

LVT Number: 18769

Rent-stabilized tenant lived in apartment with his wife for 25 years. Their son had lived with them for the past five years. Tenant asked the DHCR if he could legally have his son's name added to tenant's next renewal lease. In an opinion letter, the DHCR said no. Under the Rent Stabilization Code, if tenant asked landlord to add his spouse's name to a renewal lease, landlord must comply with the request. This provision applied to no other family members. Landlord, at landlord's option, could agree to give the family a vacancy lease naming the son as cotenant.

Rent-stabilized tenant lived in apartment with his wife for 25 years. Their son had lived with them for the past five years. Tenant asked the DHCR if he could legally have his son's name added to tenant's next renewal lease. In an opinion letter, the DHCR said no. Under the Rent Stabilization Code, if tenant asked landlord to add his spouse's name to a renewal lease, landlord must comply with the request. This provision applied to no other family members. Landlord, at landlord's option, could agree to give the family a vacancy lease naming the son as cotenant. If landlord and tenant agreed to a vacancy lease, landlord could collect up to a 20 percent vacancy rent increase.

DHCR Opin. Ltr. by Michael B. Rosenblatt (10/18/05) [2-pg. doc.]

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