PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

This is a consensus rule making to amend sections 2500.2(m), (n)(1), 2500.9(I)(1), 2520.6(n), (o)(1), 2520.11(i)(1) and 2522.5(g)(1) of Title 9 NYCRR.

The regulations govern the implementation of the Rent Stabilization Laws.

To comply with the Marriage Equality Act.

9 NYCRR § 2500.2 (m) Immediate family. A spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the owner.

(n) Family member.

(1) A spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant; or [the rest of the subsection remains the same]

9 NYCRR § 2500.9(i) nonhousekeeping, furnished housing accommodations, located within a single dwelling unit not used as a rooming or boarding house, but only if:

(1) no more than two tenants for whom rent is paid (spouses [husband and wife] being considered one tenant for this purpose), not members of the landlord's immediate family, live in such dwelling unit; and [the rest of the subsection remains the same]

9 NYCRR § 2520.6(n) Immediate family. A spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the owner.

(o) Family member. (1) A spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant or permanent tenant. [the rest of the subsection remains the same]

9 NYCRR § 2520.11(i)(1) nonhousekeeping, furnished housing accommodations, located within a single dwelling unit not used as a rooming or boarding house, but only if:

(1) no more than two tenants for whom rent is paid (spouses [husband and wife] being considered one tenant for this purpose), who are not members of the owner's immediate family, live in such dwelling unit; and [the rest of the subsection remains the same]

9 NYCRR § 2522.5(g) Same terms and conditions.

(1) The lease provided to the tenant by the owner pursuant to subdivision (b) of this section shall be on the same terms and conditions 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[, whether husband or wife,] added to the lease or any renewal thereof as an additional tenant where said spouse resides in the housing accommodation as his or her primary residence. [the rest of the subsection remains the same].

Gary R. Connor, General Counsel, Division of Housing and Community Renewal, 25 Beaver Street, 7th Floor, New York, New York 10004, (212) 480-6707, email: [email protected]

Same as above.

45 days after publication of this notice.

The Division of Housing and Community Renewal (“DHCR”) has determined that no person is likely to object to the adoption of these amended rules as written because they implement or conform to a non-discretionary statutory provision and make technical changes related thereto. To fully comply with the recently-enacted Marriage Equality Act, the amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse” in the following sections of Title 9 of Code, Rules and Regulations of the State of New York: 9 NYCRR § 2500.2(m); 9 NYCRR § 2500.2(n)(1); 9 NYCRR § 2500.9(i)(1); 9 NYCRR § 2520.6(n); 9 NYCRR § 2520.6(o)(1); 9 NYCRR § 2520.11(i)(1); 9 NYCRR § 2522.5(g)(1).

The amended regulations are promulgated to fully comply with the recently-enacted Marriage Equality Act. The amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse.” It is apparent from the text of the rules that the amendments will have no adverse impact on jobs or employment opportunities.