Garage Space Required

April 30, 2003

LVT Number: 16560

Tenant complained of a rent overcharge. Landlord had sent tenant a bill for 48 months of parking space rent. Tenant claimed the parking space was a base date service included in his rent. Landlord claimed the parking space wasn't a required service. The DRA ruled for tenant. Landlord appealed and lost. The DRA properly found that the garage space was a base date service and that landlord waived its right to collect garage space rent. It didn't matter that the parking service wasn't included in tenant's lease.

Tenant complained of a rent overcharge. Landlord had sent tenant a bill for 48 months of parking space rent. Tenant claimed the parking space was a base date service included in his rent. Landlord claimed the parking space wasn't a required service. The DRA ruled for tenant. Landlord appealed and lost. The DRA properly found that the garage space was a base date service and that landlord waived its right to collect garage space rent. It didn't matter that the parking service wasn't included in tenant's lease.

Kings Point Gate Assoc. LLC: DHCR Adm. Rev. Dckt. No. QJ710020RO (3/13/03) [2-pg. doc.]

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