Senate Bill S7756A

                                
 
BILL NUMBER: S7756A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to requiring landlords of rent stabilized housing accommo-
dations to immediately add the name of the tenant's spouse to the lease
and any renewals thereof upon request by the tenant

 
PURPOSE:

The purpose of this bill is to ensure the right of tenants to immediate-
ly add a spouse to a current lease and any renewals.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 26-511 subdivision c of the administrative code
of the city of New York by adding a new paragraph 4-a to read as
follows: includes provisions requiring landlords to immediately add the
names of the tenant's spouse and immediate family members to the lease
              

and any renewals thereof upon request by the tenant.

Section 2 is the effective date.

 
JUSTIFICATION:

In accordance with this authority, DHCR has adopted Rent Stabilization
Code 2522.5(g)(1) which states as follows: "(g) Same terms and condi-
tions. (1) The lease provided to the tenant by the owner pursuant to
subdivision (b) of this section shall be on the same terms and condi-
tions as the expired lease, except where the owner can demonstrate that
the change is necessary in order to comply with a specific requirement
of law or regulation applicable to the building or to leases for housing
accommodations subject to the RSL, or with the approval of the DHCR.
Nothing herein may limit the inclusion of authorized clauses otherwise
permitted by this Code or by order of the DHCR not contained in the
expiring lease. Notwithstanding the foregoing, the tenant shall have the
right to have his or her spouse added to the lease or any renewal there-
of as an additional tenant where said spouse resides in the housing
accommodation as his or her primary residence." The Court has interpret-
ed this provision of the Code, to provide that tenants can only demand
"his or her spouse be added to the lease" and only during a very narrow
period of time - that is, pursuant to RSC § 2523.5(a) "not more than 150
days and not less than 90 days prior to the end of the tenant's lease
term."

Proving succession is difficult and expensive. It involves establishing
proof of three elements: first, the date the tenant of record left or
vacated the premises; second, that the person asserting succession
rights and the tenant of record had a close traditional family relation-
ship; and third, that the putative successor resided with the tenant of
record for at least two years prior to the date the latter left or
vacated.

A spouse can face difficulty proving any of these three factors.  The
rent stabilization law must be amended to require not only that owners
shall renew leases upon the same terms and conditions as the original

lease, but that a tenant shall have the right to ask that a spouse be
added to the lease at any time during the tenancy or lease.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
section 26-511 of chapter 4 of title 26 of the administrative code of
the city of New York made by section one of this act shall expire on the
same date as such law expires and shall not affect the expiration of
such law as provided under section 26-520 of such law.