Increase for Garage Space Subject to Rent Guidelines Percentage

Tenant filed a lease violation complaint, claiming that landlord refused to give her a renewal lease with a rent subject to applicable guidelines increases for a garage space. Landlord, instead, offered tenant a renewal lease with a large increase. The DRA ruled for tenant. Landlord appealed, claiming that the garage space wasn't rent stabilized because the garage wasn't used primarily for tenants. Landlord rented 29 of the 55 garage spaces to nontenants. The DHCR ruled against landlord. The fact that more than 50 percent of the spaces were rented to nontenants didn't mean that the garage wasn't provided primarily for the use of tenants. The DHCR considered other factors and determined that tenant's garage rent was subject to rent guidelines increases.

Hoti Realty Mgmt.: DHCR Adm. Rev. Dckt. No. QH210002RO (5/7/03) [2-pg. doc.]