Landlord Can Collect Rent for Parking Space

Tenant complained of a rent overcharge. The DRA found a rent overcharge based on landlord's not submitting a complete rent history. It set the rent using the highest rent of a comparable apartment. Landlord appealed, claiming, among other things, that the DRA didn't include the cost of a parking space in calculating tenant's legal rent. The DRA ruled for landlord. Landlord didn't submit proof of the amount of the parking space rent for tenant's apartment. But the highest comparable apartment rent used in setting tenant's rent didn't include a parking space charge. The parking charge for a comparable apartment was $43. So landlord could collect that amount for tenant's parking space.

Deltoro/Murphy: DHCR Adm. Rev. Dckt. Nos. II910017RT, IH910051RO (3/17/97) [5-page document]