Landlord Can Charge First Rent for Garage Space

September 30, 2001

LVT Number: 15289

Tenant complained of a rent overcharge. The DRA ruled for tenant, except that it found that tenant's garage space wasn't part of the apartment services, so landlord could charge a first rent for the garage when rented to tenant. Tenant appealed, claiming that his garage space was part of the apartment services under rent control, so landlord wasn't entitled to charge him a first rent for the garage space. The DHCR ruled against tenant. Although rent control records show a garage space in 1943, there was no further record of such a service under rent control.

Tenant complained of a rent overcharge. The DRA ruled for tenant, except that it found that tenant's garage space wasn't part of the apartment services, so landlord could charge a first rent for the garage when rented to tenant. Tenant appealed, claiming that his garage space was part of the apartment services under rent control, so landlord wasn't entitled to charge him a first rent for the garage space. The DHCR ruled against tenant. Although rent control records show a garage space in 1943, there was no further record of such a service under rent control. And the garage space wasn't listed in the initial 1984 registration statement.

Munarov/Dale Realty Co.: DHCR Adm. Rev. Dckt. Nos. PD110107RT and PD110031RO (7/20/01) [3-pg. doc.]

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