Garage Facility

December 1, 2001

LVT Number: 15479

Tenant complained of a rent overcharge for parking at his apartment building. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the garage facility wasn't an ancillary service for the building and so the garage rent wasn't subject to rent stabilization. The court and appeals court ruled against landlord. The garage facility was right next to the apartment building, directly accessible, and used primarily to provide tenant parking. So it was a required service, and the garage rents were rent stabilized.

Tenant complained of a rent overcharge for parking at his apartment building. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the garage facility wasn't an ancillary service for the building and so the garage rent wasn't subject to rent stabilization. The court and appeals court ruled against landlord. The garage facility was right next to the apartment building, directly accessible, and used primarily to provide tenant parking. So it was a required service, and the garage rents were rent stabilized.

Lyndonville Properties v. DHCR: NYLJ, 11/1/01, p. 19, col. 2 (App. Div.1 Dept.; Nardelli, JP, Lerner, Saxe, Marlow, JJ)

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