Coverage Under Rent Stabilization

February 1, 1996

LVT Number: 10317

The DHCR ruled that tenant parking space rents in landlord's garage were subject to rent stabilization. Landlord appealed. The court vacated the DHCR's order, and the DHCR appealed. The appeals court sent the case back to the DHCR for further fact-finding. The lower court properly considered whether the rent stabilization code's ''primary use'' exemption to required base date services applied here. But the proof the DHCR used to decide the case was limited and inconclusive.

The DHCR ruled that tenant parking space rents in landlord's garage were subject to rent stabilization. Landlord appealed. The court vacated the DHCR's order, and the DHCR appealed. The appeals court sent the case back to the DHCR for further fact-finding. The lower court properly considered whether the rent stabilization code's ''primary use'' exemption to required base date services applied here. But the proof the DHCR used to decide the case was limited and inconclusive.

HLV Associates v. Aponte: NYLJ, p. 26, col. 3 (1/8/96) (App. Div. 1 Dept.; Ellerin, JP, Nardelli, Williams, Mazzarelli, JJ)

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