Landlord Can't Discontinue Some Garage Spaces

In a prior proceeding, the DHCR ordered landlord to restore 110 garage spaces in a building after they had been demolished. Landlord later asked the DHCR for permission to restore only 42 of the garage spaces. Landlord claimed that only 42 spaces had been rented to rent-stabilized tenants at the time the garage had been demolished. The DRA ruled for landlord. Tenants appealed, claiming that landlord had received $115,000 in insurance proceeds to repair the garage, that 110 garage spaces had been rented by both rent-stabilized tenants and cooperative shareholders, and that a garage space should be provided for every rent-stabilized tenant who was on a waiting list for a space. The DHCR ruled for tenants. Parking garage space is a required ancillary service at the building. In the prior proceeding, 90 tenants had complained of a reduction in services after the garage had been demolished. In that case, the DHCR reduced rents for 34 tenants holding a total of 42 garage spaces. In the prior case, the DHCR ruled that all 110 garage spaces must be replaced. Landlord didn't deny that it maintained a waiting list for garage spaces. Landlord is still required to provide 110 garage spaces, and the service can't be modified to reduce that number.

268-19 82nd Avenue: DHCR Adm. Rev. Docket No. TJ110065RT (10/5/07) [5-pg. doc.]