Landlord Can Include Parking Charge in Rent

Tenant complained of a rent overcharge. Tenant claimed that landlord improperly included in his rent a $65 charge for parking. The DRA ruled for tenant, finding a willful rent overcharge and assessing triple damages. Landlord appealed, claiming that the parking charge should be included in the legal rent. The DHCR ruled for landlord. Tenant's lease stated that the rent included one parking space. The rent stated in tenant's lease was consistent with prior tenant's rent plus a permitted rent increase and the cost of the parking space. The fact that tenant may have chosen not to use the parking space didn't mean that landlord couldn't collect the charge for such use. Tenant was entitled to the parking space under his lease.

Trump Management: DHCR Adm. Rev. Dckt. No. HK210040RO (1/24/95) [4-page document]