Landlord Can Charge Market Rent for Garage Space

Landlord rented a garage space to rent-stabilized tenant for $55 per month. Tenant later gave up his garage space. Landlord proposed to rent the garage space to another rent-stabilized tenant. Landlord claimed that it could charge a first, market rent. Tenant claimed that landlord could only charge a statutory vacancy increase over the last tenant's $55 rent. Landlord asked the DHCR who was correct. In an opinion letter, the DHCR stated that landlord could charge a first, market rent. Tenant's garage rent after that would be subject to rent-stabilized renewal guidelines increases.

DHCR Opin. Ltr. by Gregory C. Fewer (6/9/04) [3-pg. doc.]