Garage Space Is Ancillary Service

LVT Number: 17712

Tenant claimed that his garage space was a required service under rent stabilization. The DRA ruled for landlord. Landlord appealed, arguing that tenant hadn't used the same garage space continuously since 1984. Landlord also said that tenant signed a new garage rental agreement, separate from his apartment renewal lease. The DHCR ruled against landlord. Prior landlord provided tenant with a garage space in 1993. This was an ancillary service, subject to guideline increases upon lease renewal.

Tenant claimed that his garage space was a required service under rent stabilization. The DRA ruled for landlord. Landlord appealed, arguing that tenant hadn't used the same garage space continuously since 1984. Landlord also said that tenant signed a new garage rental agreement, separate from his apartment renewal lease. The DHCR ruled against landlord. Prior landlord provided tenant with a garage space in 1993. This was an ancillary service, subject to guideline increases upon lease renewal. Although tenant signed a new garage rental agreement, there was no proof that he had vacated the garage space. The garage space remained an ancillary service.

Imperial Ocean Corp: DHCR Adm. Rev. Dckt. No. RJ220030RO (9/29/04) [2-pg. doc.]

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