Co-op Corporation Must Provide Parking Space to Tenant

Facts: Westchester County rent-stabilized tenant rented an apartment with one parking space from prior landlord in 1979. Later the building was converted to cooperative ownership. Tenant rented a second parking space for some period between 1989 and 1992. Tenant's husband rented a parking space directly from the co-op corporation in 2004. In 2007, the co-op terminated the second space. Tenant complained to the DHCR that the co-op had discontinued a required service. The DRA ruled for tenant. The co-op appealed, claiming that it wasn't tenant's landlord and wasn't required to provide the second parking space.

DHCR: Landlord loses. Section 2500.2(g) of the Tenant Protection Regulations defines an "owner" to include a landlord, proprietary lessee in a co-op building, or other person or entity "receiving or entitled to receive rent for the use of any housing accommodation." The co-op corporation, which collected the parking fees for tenant's apartment, was therefore an owner required to continue providing the second parking space to tenant's husband.

632 Warburton Avenue: DHCR Adm. Rev. Docket No. WG910026RO (3/6/09) [4-pg. doc.]